Section 245 BNSS: When offence proved included in offence charged
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 245 BNSS at a Glance
Section 245 BNSS deals with when offence proved included in offence charged. It replaced Section 222 CrPC on 1 July 2024.
Section 245 BNSS Bare Act Text
(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.
Source: Section 245, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 245 BNSS in Simple Words
Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a person is charged with an offence and may be convicted of a minor offence, or of an attempt to commit such offence, although not charged with it. Section 245(1) BNSS covers an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, where such combination is proved but the remaining particulars are not proved.
Section 245(2) BNSS covers facts proved which reduce the offence to a minor offence. Section 245(3) BNSS covers an attempt to commit such offence.
Section 245(4) BNSS 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.
When Section 245 BNSS Applies
- 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.
- 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.
- 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.
- 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.
Example of Section 245 BNSS
When Section 245 BNSS Does Not Apply
- Section 245(3) BNSS speaks of a conviction for an attempt to commit the offence charged. It does not deal with the case where it is doubtful which of several offences the facts which can be proved will constitute.
- Section 245(1) BNSS speaks of an offence consisting of several particulars. It does not deal with separate charges for distinct offences.
Section 245 BNSS in the CrPC (Previous Law)
Section 245 BNSS replaced Section 222 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 245 BNSS
Can a person charged with an offence be convicted of a minor offence under Section 245 BNSS?▼
Yes. 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. 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.
Can a person charged with an offence be convicted of an attempt under Section 245(3) BNSS?▼
Yes. Section 245(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that when a person is charged with an offence, the person may be convicted of an attempt to commit such offence although the attempt is not separately charged.
What does Section 245(4) BNSS say about a conviction of a minor offence?▼
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.
What changed from Section 222 CrPC to Section 245 BNSS from 1 July 2024?▼
From 1 July 2024, Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 222 of the Code of Criminal Procedure, 1973. Section 245 BNSS has the same heading as Section 222 CrPC, and 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 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.
Section 245 BNSS: Sub-sections Explained
Section 245(1) BNSS: When offence proved included in offence charged
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Bare Act Text
(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.
Section 245(2) BNSS: When offence proved included in offence charged
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Bare Act Text
(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.
Section 245(3) BNSS: When offence proved included in offence charged
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Bare Act Text
(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.
Section 245(4) BNSS: When offence proved included in offence charged
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·