Section 245: When offence proved included in offence charged
Section 245 of the BNSS 2023 is the guideline that gives some situations in which a person might be convicted of a minor offence or an attempt to commit an offence, although it was not specified in the charges. It further increases the flexibility of the criminal justice system by ensuring that the court can deliver justice according to the facts proved, not necessarily the initial charges.
It allows a conviction for a minor offence where the accused is charged with an offence consisting of several particulars, some of which, though proved, constitute only a complete, lesser offence. If those particulars are proved in the trial, the accused can be convicted of the minor offence even though not charged with it.
It states that if the facts proven at trial reduce the gravity of the original offence, the accused may be convicted of the reduced, lesser offence. This reduction can occur even if the accused was not charged with the lesser offence at the commencement of the proceedings.
-It enables the court to reflect the true nature of the offense as reflected by the evidence and ensures that justice is done in proportion to the gravity of the crime.
It permits an accused to be convicted of an attempt to commit the offence charged, even though the attempt was not included in the charge. This is important because those who attempt to commit a crime but fail in the execution should be held accountable for their actions.
It ensures that no minor offence can lead to a conviction unless all procedural legal requirements pertaining to the instituting of legal proceedings relating to that minor offense are fulfilled. This acts as a form of protection inasmuch as there is a preservation of the defendant's rights against conviction without having been put through due process legally.
This is based on the principle of equity; the defendant is not convicted by charges that did not start lawfully.
Section 245 gives flexibility to the criminal law, which gives greater latitude to allow a wider range of convictions than would be possible with the precise charge leveled. In effect, it requires an offender to be convicted for committing the proper offence-that is, the lesser charge, attempt, or minor offence-for reasons explained on evidence presented.
It aids in avoiding mere technicalities by allowing convictions in respect of a lesser or alternate offence, along with attempts to commit the stated crime. With this approach not only does judicial process become relatively efficient but at the same time justice is distributed in a precise manner that aptly reflects a defendant's wrongdoing.
