When offence proved included in offence charged
AI Assist
Summary
If a charged offence has many particulars but only some proved particulars make a complete, lesser offence, the court can convict for that lesser offence even if it was not specifically charged. If the proved facts reduce the charged offence to a minor offence, conviction for the minor offence is allowed though not charged. An attempt may be punished even if the attempt was not separately charged. No conviction for a minor offence is permitted where the legal preconditions to start proceedings for that minor offence are not met.
Example
Priya is charged with causing grievous hurt in a street fight. Her evidence shows she acted on grave and sudden provocation, which reduces the case to simple hurt. The court may convict her for the lesser offence of causing hurt even though she was not charged with that lesser offence.
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 he 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
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(a) A is charged under section 407 of the Indian Penal Code (45 of 1860) 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 section 406 of that Code 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 section 406.
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(b) A is charged under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
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