Section 221 CrPC: Where it is doubtful what offence has been committed

Code of Criminal Procedure, 1973

Section 221 CrPC at a Glance

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

Now BNSS

Section 244 →

What Section 221 CrPC Says

221. Where it is doubtful what offence has been committed

(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 some one 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 221, Code of Criminal Procedure, 1973

Section 221 CrPC in Simple Words

Section 221 of the Code of Criminal Procedure, 1973 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 221(2) CrPC, 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 221(1) CrPC, the accused may be convicted of the offence shown, although not charged with it.

When Section 221 CrPC Applies

  • Section 221(1) CrPC 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 221(1) CrPC 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 221(1) CrPC also allows the accused to be charged in the alternative with having committed some one 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 221(1) CrPC, Section 221(2) CrPC allows the accused to be convicted of the offence shown, although not charged with it.

Example of Section 221 CrPC

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 221(1) CrPC, 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 221(2) CrPC allows Ramesh to be convicted of criminal breach of trust although Ramesh was not charged with it.

When Section 221 CrPC Does Not Apply

  • Section 221(1) CrPC 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 221(2) CrPC 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 221 CrPC Under BNSS 244: What Changed

Section 221 CrPC is now covered under Section 244 BNSS.

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.

View detailed comparison (CrPC 221 vs BNSS 244) →

FAQs on Section 221 CrPC

When can the accused be charged in the alternative under Section 221 CrPC?▼

Under Section 221(1) CrPC, 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 some one of the said offences.

Can the accused be convicted of an offence the accused was not charged with under Section 221 CrPC?▼

Yes, in the case described in Section 221(2) CrPC. 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 221(1) CrPC, the accused may be convicted of the offence shown to have been committed, although not charged with it.

How does Section 221 CrPC apply to contradictory statements made on oath?▼

The last illustration to Section 221 CrPC 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.

Where is Section 221 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 221 of the Code of Criminal Procedure, 1973 is found in Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 221(1) CrPC is found in Section 244(1) BNSS and Section 221(2) CrPC in Section 244(2) BNSS. The illustrations to Section 221 CrPC are found in the illustrations to Section 244 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·