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BNSS · Section 245 · Chapter XVIII — THE CHARGE

When offence proved included in offence charged.

What this section does

Where a person is charged with an offence but only the particulars constituting a minor included offence are proved, or facts reduce the charge to a minor offence, the accused may be convicted of that minor offence even without a separate charge. An accused charged with an offence may also be convicted of an attempt to commit it without a separate charge for the attempt. This power does not apply where procedural conditions for initiating proceedings for the minor offence have not been satisfied.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Accused · Court
Old-law correspondence

Derived from CrPC s.222.

Read the official text

For the binding statutory text of BNSS Section 245, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 245 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.