Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 244: Where it is doubtful what offence has been committed.
(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.
(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.
Brefe Detail
Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses situations where it's unclear which offence has been committed based on the facts presented. It allows the accused to be charged with multiple offences simultaneously or to face alternative charges. Additionally, it permits conviction for an offence not originally charged if evidence supports such a conclusion. The section includes illustrations that clarify its application in various scenarios.
Question & Answers
What does Section 244 allow regarding multiple charges?
It allows the accused to be charged with all or any of several offences and to have multiple charges tried at once.
Can the accused be convicted of an offence they were not originally charged with?
Yes, if evidence shows they committed a different offence, they can be convicted of that offence.
What are some examples of offences mentioned in the illustrations?
Theft, receiving stolen property, criminal breach of trust, and cheating.
What happens if contradictory statements are made by a witness?
The witness can be charged in the alternative and convicted of giving false evidence, even if it's unclear which statement was false.
Is it necessary to prove which specific offence was committed?
No, it is not necessary as long as the evidence supports the conviction for the offence that is proved.
Example
Example of Multiple Charges:
If an individual is accused of actions that could be classified as theft or fraud, they may be charged with both offences simultaneously.
Example of Conviction for Uncharged Offence:
If an individual is charged only with theft, but evidence shows they committed criminal breach of trust, they can be convicted of criminal breach of trust despite not being charged for it.
Example of Contradictory Testimony:
A witness states under oath that they witnessed an event, but later denies it. They may be charged with giving false evidence based on the contradiction.
