Section 244 BNSS: Where it is doubtful what offence has been committed

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 244 BNSS at a Glance

Section 244 BNSS deals with where it is doubtful what offence has been committed. It replaced Section 221 CrPC on 1 July 2024.

Was CrPC

Section 221 →

Section 244 BNSS Bare Act Text

(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 someone 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.

Source: Section 244, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 244 BNSS in Simple Words

Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where 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 may be charged in the alternative.

Under Section 244(2) BNSS, if the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under Section 244(1) BNSS, the accused may be convicted of the offence shown, although not charged with it.

When Section 244 BNSS Applies

  • Section 244(1) BNSS applies when 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.
  • In such a case, Section 244(1) BNSS allows the accused to be charged with having committed all or any of such offences, and any number of such charges may be tried at once.
  • Section 244(1) BNSS also allows the accused to be charged in the alternative with having committed someone of the said offences.
  • If the accused is charged with one offence in such a case, and it appears in evidence that the accused committed a different offence for which the accused might have been charged under Section 244(1) BNSS, Section 244(2) BNSS allows the accused to be convicted of the offence shown, although not charged with it.

Example of Section 244 BNSS

Ramesh is prosecuted over a gold watch belonging to Suresh. From the facts which can be proved, it is doubtful whether Ramesh committed theft, receiving stolen property, criminal breach of trust or cheating. Under Section 244(1) BNSS, Ramesh may be charged with having committed all of those offences, or charged in the alternative. If Ramesh is charged only with theft, and it appears in evidence that Ramesh committed criminal breach of trust, Section 244(2) BNSS allows Ramesh to be convicted of criminal breach of trust although Ramesh was not charged with it.

When Section 244 BNSS Does Not Apply

  • Section 244(1) BNSS speaks of a doubt as to which of several offences the facts which can be proved will constitute. It does not deal with the case where the accused is charged with an offence and the evidence shows a minor offence included in it.
  • Section 244(2) BNSS speaks of a conviction for a different offence with which the accused was not charged. It does not deal with the withdrawal of the remaining charges on a conviction on one of several charges.

Section 244 BNSS in the CrPC (Previous Law)

Section 244 BNSS replaced Section 221 CrPC from 1 July 2024.

From 1 July 2024, Section 221 CrPC is found in Section 244 BNSS. Section 244 BNSS has the same heading as Section 221 CrPC and the same text, except for the wording below. Section 244(1) BNSS reads someone of the said offences where Section 221(1) CrPC read some one of the said offences.

Each sub-section below names its own source.

FAQs on Section 244 BNSS

When can the accused be charged in the alternative under Section 244 BNSS?▼

Under Section 244(1) BNSS, the accused may be charged in the alternative when 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. In that case 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 may be charged in the alternative with having committed someone of the said offences.

Can the accused be convicted of an offence the accused was not charged with under Section 244 BNSS?▼

Yes, in the case described in Section 244(2) BNSS. If the accused is charged with one offence in such a case, and it appears in evidence that the accused committed a different offence for which the accused might have been charged under Section 244(1) BNSS, the accused may be convicted of the offence shown to have been committed, although not charged with it.

How does Section 244 BNSS apply to contradictory statements made on oath?▼

The last illustration to Section 244 BNSS gives this case. A states on oath before the Magistrate that A 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.

What changed from Section 221 CrPC to Section 244 BNSS from 1 July 2024?▼

From 1 July 2024, Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 221 of the Code of Criminal Procedure, 1973. Section 244 BNSS has the same heading as Section 221 CrPC and the same text, except for the wording below. Section 244(1) BNSS reads someone of the said offences where Section 221(1) CrPC read some one of the said offences. The wording and the cross-references are the same.

Section 244 BNSS: Sub-sections Explained

Section 244(1) BNSS: Where it is doubtful what offence has been committed

▶

Bare Act Text

(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 someone of the said offences.

Previous Law

CrPC 221 → Section 244(1) BNSS

Section 244(2) BNSS: Where it is doubtful what offence has been committed

▶

Bare Act Text

(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.

Previous Law

CrPC 221(2) → Section 244(2) BNSS

Have questions about Section 244 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·