Section 245 of BNSS : Section 245: When offence proved included in offence charged.

Explanation using Example

Example 1:

Scenario: Raj is charged with theft under Section 378 of the Bharatiya Nyaya Sanhita, 2023, for stealing a mobile phone from a shop. During the trial, it is proven that Raj did not steal the mobile phone but instead attempted to steal it and was caught in the act.

Application of Section 245:

• According to Section 245(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Raj can be convicted of the attempt to commit theft, even though he was not separately charged with the attempt. The court can convict Raj for the attempt to steal the mobile phone.

Example 2:

Scenario: Priya is charged with causing grievous hurt under Section 117(2) of the Bharatiya Nyaya Sanhita, 2023, after she hit her neighbor during a heated argument, resulting in a serious injury. During the trial, it is established that Priya acted under grave and sudden provocation.

Application of Section 245:

• According to Section 245(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, since the facts proved...

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