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A is charged under section 118(2) of the Bharatiya Nyaya Sanhita, 2023 with voluntarily causing…

Section 245(2) permits conviction for a minor offence when the proved facts reduce the charged offence, although the minor offence was not separately charged. With the…

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A is charged under section 118(2) of the Bharatiya Nyaya Sanhita, 2023 with voluntarily causing grievous hurt by a dangerous weapon. The weapon allegation is not proved. Evidence establishes grievous hurt on grave and sudden provocation from the injured person, with all conditions of section 122(2), including its incorporated limitations, satisfied. Under section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), may A be convicted of the reduced offence despite absence of a separate charge?

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Answer and explanation

Correct answer A

Section 245(2) permits conviction for a minor offence when the proved facts reduce the charged offence, although the minor offence was not separately charged. With the stated conditions of BNS section 122(2) satisfied, grievous hurt on grave and sudden provocation is the reduced offence. A failed dangerous-weapon allegation does not require acquittal of the established lesser offence.

See section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and sections 118(2) and 122(2) of the Bharatiya Nyaya Sanhita, 2023.

Option feedback

Option A

Section 245(2) permits conviction where proved facts reduce the charged offence to a minor offence, despite no separate charge.

Option B

The remaining facts can establish the reduced offence, so weapon failure does not compel complete acquittal.

Option C

Section 245 expressly permits qualifying minor-offence convictions without separate charges.

Option D

The reduced conviction rests on the actual proved facts, not a fictional finding about a weapon.

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