When can alternative charges be framed under Section 244 BNSS?

Alternative charges may be framed where a single act or series of acts is such that it is doubtful which of several offences the facts capable of proof will constitute.

Section 244 BNSS: Where It Is Doubtful What Offence Has Been Committed

Q: Can an accused be convicted of an offence that was not specifically charged under Section 244 BNSS?

Yes. If the accused was charged with one offence but the evidence proves a different offence for which the accused could have been charged under Section 244(1), conviction may be entered for the offence actually proved.

Q: What is the corresponding CrPC provision for Section 244 BNSS?

Section 244 BNSS corresponds to Section 221 of the Code of Criminal Procedure, 1973.

Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with cases where the proved facts may legally amount to one of several offences and it is uncertain at the charging stage which particular offence is ultimately established. It permits multiple or alternative charges and, in specified circumstances, conviction for a different offence proved by the evidence.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 Chapter XVIII: The Charge Part B: Joinder of Charges In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: when the same facts could amount to different offences and it is not yet clear which offence will ultimately be proved, the court may frame several charges or frame them in the alternative. If the evidence later proves another qualifying offence, the accused may be convicted of that offence even though it was not the specific charge originally framed.

Text of Section 244 BNSS

244. 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.

Meaning of Section 244 BNSS

Criminal cases sometimes involve facts that are clear in broad outline but uncertain in their exact legal classification. The same conduct may potentially amount to theft, receiving stolen property, criminal breach of trust, cheating or some other offence depending on what the evidence ultimately establishes.

Section 244 avoids the risk that a prosecution will fail merely because the precise legal label could not be fixed with certainty before trial. It allows the charge to reflect the genuine legal alternatives arising from the facts.

Sub-section (1): Multiple and Alternative Charges

Section 244(1) applies when a single act or a series of acts may constitute one of several offences and it is doubtful which offence the provable facts will establish. In that situation, the accused may:

be charged with all or any of the possible offences;
face any number of those charges at the same trial; or
be charged in the alternative with having committed one of the possible offences.

The provision therefore deals with uncertainty about legal characterisation rather than uncertainty about whether the accused is alleged to have committed the underlying act or series of acts.

Sub-section (2): Conviction for a Different Offence Proved by Evidence

Section 244(2) addresses a related situation. If the accused is charged with one offence but the evidence establishes a different offence for which the accused could have been charged under sub-section (1), the court may convict the accused of the offence actually proved even though that precise offence was not included in the original charge.

The provision is limited by its own terms: the different offence must be one for which the accused might have been charged under Section 244(1). It is therefore tied to the same factual uncertainty contemplated by the first sub-section.

Statutory 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.

Why Alternative Charges Are Permitted

Alternative charging protects the integrity of the trial where the evidence may support more than one legal characterisation of the same conduct. It allows the court to determine the correct offence after the evidence is examined rather than forcing an artificial choice at the outset.

At the same time, the charge must still provide sufficient notice of the case the accused has to meet. Section 244 operates within the broader BNSS framework governing the contents, particulars and effect of errors in charges.

Relationship with Other BNSS Charge Provisions

Section 241 BNSS states the general rule of separate charges for distinct offences.
Section 242 BNSS permits specified offences of the same kind within twelve months to be tried together.
Section 243 BNSS permits joint trial of offences arising from the same transaction and other connected circumstances.
Section 245 BNSS deals with conviction where the offence proved is included in the offence charged.
Section 246 BNSS deals with persons who may be charged and tried jointly.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 244 BNSS corresponds to Section 221 of the Code of Criminal Procedure, 1973. The core rule is substantially the same: where the facts may constitute one of several offences, the accused may face multiple or alternative charges, and conviction may follow for another offence proved by the evidence if that offence could have been charged under the provision.

Frequently Asked Questions

Can more than one possible offence be charged under Section 244 BNSS?

Yes. Where it is doubtful which of several offences the facts will constitute, the accused may be charged with all or any of them.

Can charges be framed in the alternative?

Yes. Section 244(1) expressly permits an alternative charge where the legal character of the offence is uncertain.

Can a person be convicted of an offence that was not specifically charged?

Yes, but only in the situation covered by Section 244(2): the evidence must establish a different offence for which the accused could have been charged under Section 244(1).

What is the corresponding CrPC provision?

The corresponding provision is Section 221 CrPC, 1973.

BNSS Commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the relevant First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

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