Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 245: When offence proved included in offence charged.
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
Illustrations:
(a) A is charged, under section 314 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 314 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 314.
(b) A is charged, under section 115 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 120 of that Sanhita.
Brefe Detail
Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines circumstances under which a person can be convicted of a minor offence or an attempt to commit an offence, even if they were not specifically charged with it. This section emphasizes that if certain elements of a charge are proven, the individual may still face conviction for a lesser or related offence. It also highlights that convictions cannot occur for minor offences if the necessary legal conditions have not been met.
Question & Answers
What does Section 245 allow regarding minor offences?
It allows a person to be convicted of a minor offence if a combination of particulars that constitute the minor offence is proven, even if they were not charged with it.
Can a person be convicted of a minor offence if the original charge is reduced?
Yes, if facts are proved that reduce the original offence to a minor one, they can be convicted of that minor offence.
Is it possible to convict someone for attempting an offence not separately charged?
Yes, a person may be convicted of an attempt to commit the offence even if the attempt is not charged separately.
What is the limitation of this section regarding minor offences?
The section does not authorize a conviction for any minor offence unless the necessary conditions for initiating proceedings regarding that minor offence have been met.
What is an example where a person may be convicted of a minor offence?
If A is charged with criminal breach of trust as a carrier, but it is proven that he committed the offence without the carrier condition, he may still be convicted of criminal breach of trust.
Example
Example of Conviction for a Minor Offence:
If a person is accused of actions that could be classified as a serious offence, but evidence shows they committed a lesser related offence, they can be convicted of that lesser offence.
Example of Reduction to a Minor Offence:
If a person is charged with causing grievous hurt, but it is established that they acted under provocation, leading to a conviction for a lesser charge.
Example of Attempt Conviction:
If a person is charged with theft but evidence suggests they attempted the theft without succeeding, they can be convicted for the attempted theft even if it wasn't separately charged.
