Section 244 BNSS: Where it is doubtful what offence has been committed (Formerly Section 221 CrPC)

Section 244 of Bharatiya Nagarik Suraksha Sanhita, 2023: Where it is doubtful what offence has been committed

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 someone of the said offences.

(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.

Illustrations

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.

(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence.

(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.

Legal Commentary & Landmark Judgments: Section 244

Section 244 regulates cases where it is doubtful what offence has been committed, empowering the court to charge the accused with all or any of such offences in the alternative, or charge them with having committed one of the said offences (replacing Section 221 CrPC).

Doubt as to Offence: Single act or series of acts of such a nature that it is doubtful which of several offences facts will constitute.
Alternative or Cumulative Charges: Accused may be charged with all offences (e.g., theft, criminal breach of trust, receiving stolen property) in the alternative.
Conviction on Uncharged Alternative: If accused is charged with one offence and evidence proves another offence which might have been charged, they may be convicted of that offence though not charged.

Key Landmark Precedents:

Shamnsaheb M. Multtani v. State of Karnataka (2001) 2 SCC 577: The Supreme Court held that Section 221 CrPC (Section 244 BNSS) applies when the basic facts are established but legal doubt exists as to the exact offence (e.g., theft vs criminal breach of trust), permitting alternative convictions.
Willie (William) Slaney v. State of M.P. AIR 1956 SC 116: The Constitution Bench settled that an accused charged with murder may be convicted of culpable homicide or hurt under these provisions if no prejudice is caused.
Nanak Chand v. State of Punjab AIR 1955 SC 274: Clarified the limits of alternative charges, holding that vicarious liability under Section 149 IPC cannot be substituted for direct liability if the accused was misled in defence.

Courtroom Practice & Strategic Litigation Guidance:

In trials where the border between theft (Section 303 BNS) and cheating (Section 318 BNS) is fluid, the prosecution can frame alternative charges under Section 244. If defending, show that the ingredients of *both* offences fail on the evidence.