Legal provisions regarding when offence proved included in offence charged under section 222 of the Code of Criminal Procedure, 1973.
(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.
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(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 authorize 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.
The term ‘minor offence’ has to be interpreted in its ordinary sense and not technical sense. The test of minor offence is not merely that the prescribed punishment is less than the major offence. Only if the two offences are cognate offences, wherein the main ingredients are common, the one punishable among them with a lesser sentence can be regarded as a minor offence vis-a-vis the other offence.
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The minor offence should essentially be a cognate offence of the major offence and not entirely a distinct and different offence constituted by altogether different ingredients. When a person is charged with an offence, consisting of several particulars and if all the particulars are proved then it will constitute the minor offence, while if some of those particulars are proved and their combination constitutes a minor offence the accused can be convicted of the minor offence though he was not charged with it.
Illustrations:
(a) A is charged under Section 407 of the Indian Penal Code, 1860, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit 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 of the Indian Penal Code, 1860.
(b) A is charged, under Section 325 of the Indian Penal Code, 1860, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under Section 335 of the Indian Penal Code, 1860.