CrPC Section 221 — Where it is doubtful what offence has been committed

CHAPTER XVII THE CHARGE

General

Summary

Sub-section (1) applies when it is uncertain which of several offences the facts that can be proved will amount to, because of the nature of a single act or a series of acts. The accused may be charged with all or any of those offences, and any number of those charges may be tried at once; alternatively, the accused may be charged with having committed some one of the offences.

Sub-section (2) says that if the accused is charged with one offence but the evidence shows that they committed a different offence for which they could have been charged under sub-section (1), they may be convicted of that different offence even though it was not charged.

Official Text

(1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.

(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

Referred to by

Related Judgments

PARANAGOUDA AND ANOTHER vs THE STATE OF KARNATAKA AND ANOTHER — Supreme Court of India (2023)
SHAMNSHAEB M. MULTTANI vs STATE OF KARNATAKA — Supreme Court of India (2001)
DINESH SETH vs STATE OF N.C.T. OF DELHI — Supreme Court of India (2008)
ANIL@RAJU NAMDEV PATIL vs ADMINISTRATION OF DAMAN & DIU, DAMAN AND ANR — Supreme Court of India (2006)
FULESHWAR GOPE vs UNION OF INDIA & ORS — Supreme Court of India (2024)

Old <-> New Code Mapping

BNSS §244 — Where it is doubtful what offence has been committed