When offence proved included in offence charged
AI Assist
Summary
If proof shows only some particulars of a charged offence that together make a complete lesser offence, the court can convict for that lesser offence even if it was not specifically charged. If facts proved reduce the offence to a minor one, conviction for the minor offence is allowed. An attempt may be punished though not separately charged. Conviction for a minor offence is not allowed if legal prerequisites for starting proceedings on that minor offence are missing.
Example
Ravi is charged with armed robbery alleging he assaulted the shopkeeper and took cash. The court finds proof only of taking the cash but not the assault; those proved acts amount to simple theft, a lesser offence. Ravi may be convicted of theft even though he was not charged with it.
Bare Act
Enacted text(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
Illustrations.
-
(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316.
-
(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.
Previous year papers
Pick your exam. we'll email the most recent paper.