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If one is accused of an act, which may amount to theft, or receiving stolen property or cheating and is…

Section 244(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits conviction of an uncharged alternative offence if the accused could have been charged with it under…

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If one is accused of an act, which may amount to theft, or receiving stolen property or cheating and is charged for theft only and from the evidence it appears that he has committed cheating, he can be convicted for cheating though no charge for cheating has been formally framed, by virtue of-

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Correct answer B

Section 244(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits conviction of an uncharged alternative offence if the accused could have been charged with it under section 244(1) and the evidence establishes that offence. Illustration (b) applies that rule where an accused charged only with theft is shown to have committed cheating.

Option feedback

Option A

Incorrect: Section 237 concerns the meaning of words used in a charge.

Option B

Correct: Section 244(2) permits conviction of the alternative offence proved in these circumstances.

Option C

Incorrect: Section 246 identifies persons who may be charged and tried together.

Option D

Incorrect: Section 247 deals with withdrawal of remaining charges after conviction on another charge.

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