An accused is charged under section 117(2) of the Bharatiya Nyaya Sanhita, 2023. All facts except…
Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 222 CrPC) permits conviction of a proved minor offence included in the charged offence without…
Choose your answer
An accused is charged under section 117(2) of the Bharatiya Nyaya Sanhita, 2023. All facts except grievous hurt are proved. Can he be convicted of any offence?
(a) Yes, of the offence punishable under section 115(2) BNS.
(b) Yes, of the offence punishable under section 122(2) BNS.
(c) No, he cannot be convicted of any offence.
Answer and explanation
Correct answer A
Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 222 CrPC) permits conviction of a proved minor offence included in the charged offence without a separate charge. Voluntarily causing hurt under Section 115(2) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 323 IPC) is included in voluntarily causing grievous hurt under Section 117(2) (formerly section 325 IPC) where only the grievous character fails. Section 122(2) (formerly section 335 IPC) still requires grievous hurt, with the additional grave-and-sudden-provocation context, and cannot be substituted when grievous hurt itself is unproved.
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