Section 221 of CRPC "Where it is doubtful what offence has been committed"
(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.
Illustrations
(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.
(b) In the case mentioned, A is only charged with theft.It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods.He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence.
(c) A states on oath before the Magistrate that
he saw B hit C with a club. Before the Sessions
Court A states on oath that B never hit C.A may be
charged in the alternative and convicted of
intentionally giving false evidence, although it
cannot be proved which of these contradictory
statements was false.
Section 222 of CRPC "When offence proved
included in offence charged"
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 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.
(b) A is charged, under section 325 of the Indian
Penal Code, with causing grievous hurt. He proves
that he acted on grave and sudden provocation. he
may be convicted under section 335 of that Code (45
of 1860).
CHARGE - FORM OF CHARGES
What are the contents of charge? Section 211 of Code of Criminal Procedure 1973
JOINDER OF CHARGES
What is Trial for more than one offence?. Section 220 of Code of Criminal Procedure 1973