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

Explanation using Example

Example 1:

Raj is accused of an act where he was found in possession of a laptop that was reported stolen. The circumstances are such that it is unclear whether Raj stole the laptop himself, received it knowing it was stolen, or committed a criminal breach of trust by misappropriating it. Under Section 244 of The Bharatiya Nagarik Suraksha Sanhita 2023, Raj can be charged with theft, receiving stolen property, and criminal breach of trust all at once. Alternatively, he can be charged with any one of these offences. During the trial, if evidence shows that Raj did not steal the laptop but received it knowing it was stolen, he can be convicted for receiving stolen property even if he was initially charged with theft.

Example 2:

Priya is accused of embezzling funds from her employer. The evidence is ambiguous, and it is uncertain whether her actions constitute theft, criminal breach of trust, or cheating. Priya can be charged with all three offences simultaneously or with any one of them. If during the trial, it is proven that Priya did not commit theft but instead committed cheating by falsifying records to cover up the embezzlement, she can be convicted of cheating even though she was initially charged with theft.

Example 3:

Sunil is a witness in a case and gives a statement under oath before a Magistrate that he saw Ravi assaulting another person, Mohan, with a stick. Later, in the Sessions Court, Sunil changes his statement and says that Ravi never assaulted Mohan. It is unclear which of Sunil's statements is false. Under Section 244, Sunil can be charged with intentionally giving false evidence in the alternative. If it is proven that one of his statements is false, he can be convicted of giving false evidence even though it is not clear which specific statement was false.