CrPC 222→BNSS 245

CrPC 222 to BNSS 245: When offence proved included in offence charged

Section 222 CrPC (1973) replaced by Section 245 BNSS (2023)

View CrPC Section 222 →View BNSS Section 245 →

CrPC 222 to BNSS 245 at a Glance

Section 222 CrPC (When offence proved included in offence charged) is now Section 245 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 222 to BNSS 245?

Section 245 BNSS has the same heading as Section 222 CrPC, from 1 July 2024. Section 245(1) BNSS, Section 245(2) BNSS, Section 245(3) BNSS and Section 245(4) BNSS have the same text as Section 222(1) CrPC, Section 222(2) CrPC, Section 222(3) CrPC and Section 222(4) CrPC. The illustrations differ in their citations. The first illustration in Section 245 BNSS cites Section 316(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 316(2) of that Sanhita where the first illustration in Section 222 CrPC cited section 407 of the Indian Penal Code and section 406 of that Code. The second illustration in Section 245 BNSS cites Section 117(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 122(2) of that Sanhita where the second illustration in Section 222 CrPC cited section 325 of the Indian Penal Code and section 335 of that Code.

CrPC 222 vs BNSS 245: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section222245
HeadingWhen offence proved included in offence chargedSame
Sub-sections4 sub-sectionsSame

CrPC 222 and BNSS 245: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 222, CrPC 1973

222. When offence proved included in offence charged.—(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Illustrations (a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406. (b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
BNSS 2023 (in force)

Section 245, BNSS 2023

245. When offence proved included in offence charged.—(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Illustrations. (a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316. (b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.

When It Applies: CrPC 222 vs BNSS 245

Under CrPC 222
  1. Under Section 222(1) CrPC, a person charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, may be convicted of the minor offence, though not charged with it, when such combination is proved but the remaining particulars are not proved.
  2. Under Section 222(2) CrPC, a person charged with an offence may be convicted of the minor offence, although not charged with it, when facts are proved which reduce it to a minor offence.
  3. Under Section 222(3) CrPC, a person charged with an offence may be convicted of an attempt to commit such offence although the attempt is not separately charged.
  4. Section 222(4) CrPC does not authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
Under BNSS 245
  1. Under Section 245(1) BNSS, a person charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, may be convicted of the minor offence, though not charged with it, when such combination is proved but the remaining particulars are not proved.
  2. Under Section 245(2) BNSS, a person charged with an offence may be convicted of the minor offence, although not charged with it, when facts are proved which reduce it to a minor offence.
  3. Under Section 245(3) BNSS, a person charged with an offence may be convicted of an attempt to commit such offence although the attempt is not separately charged.
  4. Section 245(4) BNSS does not authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

What CrPC 222 to BNSS 245 Means in Practice

From 1 July 2024, the text of Section 222 CrPC is found in Section 245 BNSS. The illustrations in Section 245 BNSS cite the Bharatiya Nyaya Sanhita, 2023 where the illustrations in Section 222 CrPC cited the Indian Penal Code.

FAQs: CrPC 222 to BNSS 245

Did the text of Section 222 CrPC change in Section 245 BNSS?▼

Section 245(1) BNSS, Section 245(2) BNSS, Section 245(3) BNSS and Section 245(4) BNSS have the same text as Section 222(1) CrPC, Section 222(2) CrPC, Section 222(3) CrPC and Section 222(4) CrPC. The illustrations differ in their citations: Section 245 BNSS cites the Bharatiya Nyaya Sanhita, 2023 where Section 222 CrPC cited the Indian Penal Code.

What changed in the illustrations between Section 222 CrPC and Section 245 BNSS?▼

The first illustration in Section 245 BNSS cites Section 316(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 316(2) of that Sanhita where the first illustration in Section 222 CrPC cited section 407 of the Indian Penal Code and section 406 of that Code. The second illustration in Section 245 BNSS cites Section 117(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 122(2) of that Sanhita where the second illustration in Section 222 CrPC cited section 325 of the Indian Penal Code and section 335 of that Code.

Does Section 245(4) BNSS have the same text as Section 222(4) CrPC?▼

Yes. Section 245(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that nothing in Section 245 BNSS shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Section 222(4) of the Code of Criminal Procedure, 1973 reads the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·