Introduction to Section 245 BNSS
Section 245 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces the old CrPC. This section helps courts convict a person for a lesser offence, even if they were charged with a more serious one. If the evidence proves only a minor offence or an attempt, the court can still give punishment for it—even if it wasn’t specifically mentioned in the charge.
What is BNSS Section 245?
BNSS Section 245 says that if a person is charged with a big crime, but only a smaller offence is proved in court, they can still be punished. Even if the smaller offence was not mentioned in the original charge, the court can convict for it. This also applies when someone attempts a crime but doesn’t fully commit it. However, the basic legal rules for starting a case must be followed before any punishment
BNSS Section of 245 in Simple Points
1. Conviction for Minor Offence When Part of Main Offence Is Proven
If a person is charged with a major offence made up of many parts, but the court finds proof for only some parts that make up a minor offence, they can still be convicted. This is helpful in cases where evidence is not strong enough to prove every detail of the bigger crime. For example, if someone is charged with criminal breach of trust as a transporter, but they are only guilty of ordinary breach of trust, they can be punished for that. The law allows courts to focus on facts, not just charges. This avoids the mistake of letting someone go free just because the wrong section was used. Even if the minor offence is not separately charged, the court can still convict.
It brings flexibility to trials without violating the rights of the accused.
2. Conviction Allowed When Major Offence Is Reduced to Minor One
Sometimes, evidence may reduce the severity of the original offence, making it a less serious crime. BNSS 245 allows the court to convict the person for this lower-level offence. For instance, if someone is charged with causing grievous hurt but proves they acted in sudden provocation, the offence may become a lesser one like causing simple hurt. This ensures that even if the original charge doesn’t fully apply, the person is still held accountable. It avoids the need to reframe charges, saving time and effort. This clause ensures justice is based on facts, not just legal formality. The main idea is to punish a person rightly, not to let them escape due to overcharging.
3. Conviction for Attempt Even If Not Charged Separately
If a person is charged with a full offence but only the attempt is proven in court, BNSS 245 allows conviction for the attempt. This is useful when the crime was not completed, but clear effort was made to commit it. For Example, if someone tries to steal but fails, and only theft is charged, the court can convict for attempted theft.
This avoids the loophole where the person walks free because the word “attempt” was not in the charge. The court has the power to consider attempts within a regular charge. This ensures that all criminal efforts are dealt with seriously, even if the act was not completed. It strengthens the legal process by closing technical gaps in charges.
4. Protection Against Misuse – Legal Conditions Must Be Met
BNSS 245 also includes a safety clause — a person cannot be convicted of a minor offence unless all legal conditions for that offence are met. This means if the law says a complaint must be filed by a certain person or authority, that must happen first. This protects the rights of the accused and ensures that the process is fair.
Even though courts can convict for a smaller offence, they must follow proper procedure. This avoids wrongful punishment based on incorrect or incomplete filings. So, while the section gives flexibility, it also maintains legal boundaries. This balance between justice and fairness is what makes BNSS 245 powerful and responsible.
5. Helps Deliver Justice Even When Charges Are Not Exact
The main goal of BNSS 245 is to make sure justice is not denied just because the original charge was no erfectly worded. Many times, police or complainants may frame the wrong section in FIRs or charge sheets. If the court can clearly see that a lesser crime was still committed, this section helps convict the person without starting from scratch. This saves court time and avoids the burden on victims and witnesses. It also discourages criminals from misusing legal technicalities to escape. The section makes the system more practical and focused on real utcomes. BNSS 245 thus strengthens public trust in the legal process and supports efficient delivery of justice.
Section 245 of BNSS Overview
BNSS 245 provides flexibility to judges during a trial. Sometimes, the accused is charged with a serious crime, but evidence only proves a smaller or different offence. Instead of letting the accused go free, the law allows the court to convict for the smaller proven offence. However, this cannot be done if legal permissions for the minor offence were required and not taken.
BNSS Section 245 – 10 Key Points
1. Conviction for a Lesser Offence When All Facts Aren’t Proved
BNSS Section 245(1) allows a person to be convicted of a minor offence if only some parts of the full offence are proven. For example, if a person is charged with a major crime involving multiple elements but only a few of them are proved, and those few create a smaller offence on their own, then the court can convict for that smaller one. This helps in situations where proving the full charge is hard, but partial guilt is clear. The court doesn’t need to drop the case completely. It ensures some justice is still served. The accused does not need to be separately charged with the minor offence. This rule gives flexibility during trials without letting the accused go free due to technical gaps.
2. Reduction of Offence Based on Proven Facts
Under Section 245(2), when evidence shows that the accused committed a less serious form of the offence than what they were charged with, the court can convict for the lesser one. For instance, if someone is charged with a serious assault but the evidence shows it was provoked, they might be convicted for simple hurt instead. This clause allows for fairness. It stops people from escaping punishment just because their action doesn’t match the exact higher charge. It helps judges deliver appropriate punishment. This also avoids retrials or delays.
3. Conviction for Attempt Even if Not Charged
BNSS Section 245(3) says that even if a person is not specifically charged with attempting a crime, they can still be convicted for an attempt if the evidence shows they tried. For example, if a person tries to steal but fails, and is charged with full theft, the court can still convict them of attempt to steal, even if that was not mentioned originally in the charge. This ensures that people do not escape responsibility for failed crimes. It prevents loopholes and delays due to technical mistakes in the charge.
4. Protection Against Illegal Minor Convictions
Section 245(4) acts as a protective clause. It says that if the law requires special steps to start a case for a certain minor offence (like official permission), then the court cannot convict a person for that smaller offence unless those conditions are met. For example, if a law says a sanction is needed to prosecute for a minor offence, and no sanction was taken, then the court cannot convict just by using this section. This protects the rights of the accused. It also ensures that legal procedure is followed properly.
5. Use of Illustrations for Clarity
BNSS 245 includes clear illustrations to help people understand how the section works in real life. For example, one illustration shows a man charged with criminal breach of trust as a carrier. Even though he wasn’t acting as a carrier, he can still be convicted for breach of trust in a general way. Another example shows a person who caused grievous hurt but proves provocation. He may be convicted for the reduced offence of voluntarily causing hurt. These examples help explain complex legal rules in a practical way. They are useful for courts, lawyers, and the public.
6. Flexibility in Criminal Trials
BNSS Section 245 gives judges flexibility during criminal trials. Instead of being stuck with a strict charge, courts can convict based on what is actually proven. It allows proper punishment even if the original charge cannot be fully proved. This reduces delays and retrials. It also ensures that guilty people do not walk away free due to technical issues. This flexibility is especially useful in complex cases with overlapping offences. It saves the court’s time and protects justice.
7. Helps Avoid Multiple Trials for One Crime
This section helps in avoiding unnecessary separate trials for related offences. If a person is charged with one big offence, but a smaller one is proved, the court can handle it in the same trial. This is useful for the police, prosecution, and judiciary. It also saves time and protects the accused from double punishment. It makes the justice system more efficient. The idea is to focus on facts and evidence, not just legal technicalities.
8. Ensures No Offender Escapes Due to Legal Gaps
Often, serious cases fall apart due to lack of evidence on every small point. BNSS 245 ensures that even if full guilt cannot be proved, partial responsibility can lead to conviction for a minor offence. This prevents misuse of the justice system by clever legal tricks. It keeps public trust intact in criminal trials. It is a safeguard to balance justice and legal process.
9. Encourages Careful Framing of Charges
This section encourages the prosecution to frame proper charges, knowing that the law gives a backup if minor offences are proved. It motivates careful investigation and presentation of facts. At the same time, it reassures the court that if the full offence is not proved, justice will still not be lost. This builds a stronger and fairer legal process. It’s a practical solution for real-world courtrooms.
10. Upholds Justice Without Compromising Rights
While BNSS Section 245 gives courts more power to convict for minor offences, it also protects the accused by not allowing convictions when legal steps are missing (like sanctions or approvals). This creates a balance between justice and rights. It shows how Indian criminal law tries to be fair to both sides – the victim and the accused. This makes BNSS 245 a very balanced and thoughtful legal provision.
Example 1:
A is charged with criminal breach of trust as a carrier. But the evidence shows he committed criminal breach of trust, not as a carrier. The court can convict him under the general breach of trust section, even if the specific “carrier” charge isn’t proven.
Example 2:
A is charged with causing grievous hurt. But he proves it was due to grave and sudden provocation. The court may convict him under the lesser offence of voluntarily causing hurt, even if that wasn’t the original charge.
Section 245 of BNSS Short Information
| No. | Key Question | Explanation |
|---|---|---|
| 1 | Can someone be punished for a minor offence if only the major one was charged? | Yes, if the facts proved in court match a smaller offence, the court can convict for it. |
| 2 | What happens if some parts of the main charge are not proved? | If the remaining proved facts show a smaller crime, the person can be convicted of that. |
| 3 | Can a person be punished for an attempt even if it’s not charged? | Yes, if the attempt is proven, the court can convict for it. |
| 4 | Can this be used without fulfilling the rules for that minor offence? | No, the legal requirements for starting the case must be followed. |
| 5 | Is this rule about fairness in trial? | Yes, it ensures justice even if the exact charge wasn’t correct but a crime was still committed. |
Why BNSS 245 Is Needed?
BNSS Section 245 is important because it helps the court deliver justice when a person is charged with a bigger crime, but only a smaller part of it is proven. Without this rule, if the court can’t prove the full major offence, the accused might go free, even if they clearly committed a smaller offence. This section makes sure that the law is flexible and practical. It avoids the need for starting a new trial from scratch and saves time, energy, and resources. It ensures that justice is served even when only part of the charge is proved. It also protects the public interest by preventing criminals from escaping punishment due to technicalities.
BNSS Section 245 FAQs
BNSS 245
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