Section 245 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 245 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the conviction for a lesser offense included in the offense charged.
🧾 Section 245: When Offense Proved Included in Offense Charged
1. Conviction for a Lesser Offense
Combination of Particulars: When a person is charged with an offense consisting of several particulars, a combination of some only of which constitutes a complete minor offense, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offense, even though he was not charged with it.(vlaoffice.com)
Reduction to Minor Offense: When a person is charged with an offense and facts are proved which reduce it to a minor offense, he may be convicted of the minor offense, although he is not charged with it
2. Conviction for Attempted Offense
Attempt to Commit Offense: When a person is charged with an offense, he may be convicted of an attempt to commit such offense, although the attempt is not separately charged.
3. Conditions for Conviction
Requisite Conditions: Nothing in this section shall be deemed to authorize a conviction of any minor offense where the conditions requisite for the initiation of proceedings in respect of that minor offense have not been satisfied.
⚖️ Comparison with Indian Penal Code (IPC)
Section 245 of the BNSS is broadly analogous to Section 222 of the Indian Penal Code (CrPC), which governs the conviction for a lesser offense included in the offense charged. Both provisions allow for the conviction of a lesser offense if the facts proved during the trial support such a conviction, even if the defendant was not specifically charged with that lesser offense.
🧭 Key Takeaways
Flexibility in Conviction: The provision allows courts to convict an accused of a lesser offense or an attempt to commit the charged offense if the evidence supports such a conviction, promoting justice and fairness.
Ensuring Legal Fairness: It ensures that the accused is not acquitted solely due to the failure to prove all particulars of the charged offense, provided the evidence supports a conviction for a lesser offense.
Alignment with Legal Standards: This approach aligns with established legal standards, ensuring that the legal process is just and equitable.
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