Section 245 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – When Offence Proved Included In Offence Charged.

Code:

245. (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 sub-section (3) of section 316 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 sub-section (2) of section 316 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 sub-section (2) of section 316.

(b) A is charged, under sub-section (2) of section 117 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 sub-section (2) of section 122 of that Sanhita.

Explanation:

This section allows the court to convict a person of a lesser offense even if they were originally charged with a more serious crime, under certain circumstances.

• Subsection (1): If the charged offense involves several elements, and some of those elements constitute a separate, lesser offense, then the accused can be convicted of the lesser offense even if the remaining elements of the original charge are not proven.
• Subsection (2): If the facts proven during the trial reduce the original offense to a lesser crime, the accused can be convicted of that lesser offense, even if they were not specifically charged with it.
• Subsection (3): If a person is charged with a specific crime, they can also be convicted of an attempt to commit that crime, even if the attempt itself wasn’t explicitly included in the charges.
• Subsection (4): This subsection ensures that a conviction for a lesser offense is only possible if the legal requirements for pursuing that specific offense are met.

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.

In this illustration, A is charged with a specific type of criminal breach of trust (as a carrier), but the evidence only proves a general case of criminal breach of trust. The court can convict him of the general offense under section 314, even though he wasn’t specifically charged with that.

(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.

Here, A was charged with causing grievous hurt, but he successfully shows that he acted in a situation of grave and sudden provocation. This reduces the offense to causing simple hurt, and he can be convicted under section 120, even though he wasn’t specifically charged with that offense.

Common Questions and Answers:

• Q: Can a person be convicted of a minor offense without any charges being filed?
• A: No, section 245(4) makes it clear that a conviction is only possible if the requirements for initiating proceedings for the minor offense are satisfied. This implies that some form of charge or accusation relating to the minor offense is necessary.
• Q: Does section 245 allow the court to convict a person of a crime that wasn’t mentioned in the charges at all?
• A: No, this section specifically deals with convictions for lesser offenses that are related to the original charge. It doesn’t allow for a conviction of an entirely different crime that wasn’t mentioned in the charges.
• Q: Is it possible to appeal a conviction under section 245?
• A: Yes, any conviction under section 245 can be appealed in the same manner as any other conviction.