Section 244 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 244 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses situations where it is uncertain which offence has been committed due to the nature of the act or series of acts involved
📜 Section 244: Where it is Doubtful What Offence Has Been Committed
Sub-section (1):
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences
Sub-section (2):
If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.
⚖️ Comparison with CrPC Section 221
Section 244 of the BNSS, 2023 is analogous to Section 221 of the Code of Criminal Procedure (CrPC), 1973, which deals with the situation where it is doubtful what offence has been committed. Both sections allow for charging the accused with multiple offences or in the alternative, and permit conviction for an offence not originally charged if the evidence supports it
🧾 Example Scenario
Scenario:
Raj is found in possession of a laptop that was reported stolen. The circumstances are such that it is unclear whether Raj stole the laptop himself, received it knowing it was stolen, or committed a criminal breach of trust by misappropriating it.
Application of Section 244:
Under Section 244 of the BNSS, 2023, Raj can be charged with theft, receiving stolen property, and criminal breach of trust all at once. Alternatively, he can be charged with any one of these offences. During the trial, if evidence shows that Raj did not steal the laptop but received it knowing it was stolen, he can be convicted for receiving stolen property even if he was initially charged with theft.
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