A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of…
Section 244(1) of the BNSS says that where it is doubtful which of several offences the facts will prove, the accused may be charged with all or any of them, tried at once,…
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A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating, and it is doubtful which of these the provable facts will constitute. How may he be charged?
Answer and explanation
Correct answer D
Section 244(1) of the BNSS says that where it is doubtful which of several offences the facts will prove, the accused may be charged with all or any of them, tried at once, or charged in the alternative. Illustration (a) to section 244 applies this to theft, receiving stolen property, criminal breach of trust and cheating, so he may be charged "With all of those offences, or in the alternative with having committed one of them". The Court is not limited to the gravest offence, it does not have to wait for the police to choose, and the charges may be tried at once.
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