Section 244 of BNSS, 2023 — Where It Is Doubtful What Offence Has Been Committed

Introduction

Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with situations where, based on the facts disclosed, it is doubtful which particular offence has been committed by the accused.

In such cases, the law permits the accused to be charged with, or tried in the alternative for, two or more offences where the facts are such that it is uncertain which offence the evidence will ultimately establish.

Meaning of Section 244

Section 244 applies when:

• a single act or series of acts may constitute different offences;
• the facts are such that it is uncertain which particular offence has been committed; and
• the Court cannot, at the initial stage, determine with certainty which offence should be the sole charge.

In such a situation, the accused may be charged with all or any of the relevant offences, or may be charged in the alternative.

This allows the Court to determine, after considering the evidence, which offence is actually established.

Object and Purpose

The main objectives of Section 244 are:

• To deal with uncertainty regarding the precise offence committed.
• To prevent the prosecution from failing merely because the exact legal character of the act is initially uncertain.
• To allow alternative charges where the facts justify them.
• To ensure that the accused receives proper notice of the possible accusations.
• To enable the Court to determine the appropriate offence on the basis of evidence.

When Does Section 244 Apply?

Section 244 applies where the facts are such that it is doubtful which of several offences the facts will constitute.

The uncertainty may arise because the same conduct could potentially satisfy the ingredients of more than one offence.

Instead of forcing the Court to select one offence prematurely, the provision allows alternative treatment of the possible offences.

Alternative Charges

The Court may frame charges in the alternative.

This means that the accused may be charged with one offence or, alternatively, another offence arising from the same facts.

The accused is therefore informed of the different legal possibilities that may arise from the evidence.

Example

Suppose A is accused of taking property belonging to B.

Depending on the facts proved at trial, the conduct may amount to one of several offences, and it is initially doubtful which particular offence the evidence will establish.

The Court may frame alternative charges relating to the possible offences.

After considering the evidence, the Court may determine which offence, if any, has been proved.

Important Principle

Section 244 does not mean that the accused is being convicted of multiple offences merely because alternative charges have been framed.

The alternative charges are a procedural mechanism for dealing with uncertainty.

Ultimately, the Court must determine from the evidence which offence has actually been established.

Conviction for an Alternative Offence

Where alternative charges have been framed, the Court may convict the accused of the offence that is established by the evidence, subject to the requirements of law.

Thus, uncertainty at the stage of framing the charge does not necessarily prevent the Court from reaching a proper finding after the evidence has been examined.

Relationship with Section 241

Section 241 lays down the general rule that every distinct offence should ordinarily be separately charged and tried.

Section 244 deals with a different situation: uncertainty as to which offence the facts constitute.

Therefore:

Section 241 → Separate charges for distinct offences

Section 244 → Alternative charges where it is doubtful which offence has been committed

Relationship with Section 243

Section 243 deals with situations where several offences arise from the same transaction and may therefore be tried together.

Section 244, on the other hand, deals with uncertainty regarding the particular offence constituted by the facts.

Section 243

Focuses on multiple offences arising from the same transaction.

Section 244

Focuses on doubt as to which offence has actually been committed.

Importance of Section 244

Section 244 provides flexibility in criminal proceedings.

Without such a provision, the prosecution could face difficulty where the evidence ultimately establishes an offence different from the one initially anticipated, even though the accused had notice of the possible legal character of the conduct.

The provision therefore helps the Court determine the appropriate offence without allowing uncertainty at the initial stage to unnecessarily defeat the proceedings.

Protection of the Accused

The provision does not remove the accused’s right to know the accusation.

Where alternative charges are framed, the accused is informed of the different offences that may arise from the facts.

This allows the accused to prepare a defence in relation to the possible charges.

BNSS and CrPC

Section 244 of the BNSS corresponds to Section 221 of the Code of Criminal Procedure, 1973.

The underlying principle remains the same: where it is doubtful which of several offences the facts will constitute, the accused may be charged with all or any of those offences or charged in the alternative.

Common Confusions

Does Section 244 mean that the accused will automatically be convicted of the most serious offence?

No.

The Court must determine which offence is established by the evidence.

Can alternative charges be framed?

Yes.

Alternative charges are specifically contemplated where it is doubtful which offence the facts constitute.

Is the accused being tried for completely unrelated offences?

No.

The possible offences must arise from the facts and circumstances of the case.

Does an alternative charge mean there are multiple convictions?

No.

Alternative charges are a means of dealing with uncertainty. The final finding depends upon what is proved during the trial.

Topic at a Glance

• BNSS Section: 244
• Subject: Where it is doubtful what offence has been committed
• Main principle: Alternative charges may be framed where the precise offence is uncertain
• Purpose: Enable the Court to determine the appropriate offence from the evidence
• Key concept: Alternative charge
• Related provision: Section 243
• Corresponding CrPC provision: Section 221
• Nature: Procedural provision

Quick Revision

• Section 244 applies where it is doubtful which offence has been committed.
• The accused may be charged with all or any of the possible offences.
• Charges may also be framed in the alternative.
• The uncertainty must arise from the facts and circumstances of the case.
• The final determination depends upon the evidence produced during trial.
• Section 243 concerns offences arising from the same transaction.
• Section 244 concerns doubt as to the particular offence committed.
• Section 244 BNSS corresponds to Section 221 CrPC.

ASLO READ: Section 243 – Trial for more than one offence

Conclusion

Section 244 of the BNSS provides a practical solution where the facts may constitute more than one offence and it is uncertain which particular offence will ultimately be established. By permitting alternative charges, the provision enables the Court to determine the appropriate offence on the basis of evidence while ensuring that the accused is informed of the possible accusations.