Where it is doubtful what offence has been committed
and when offence proved included in offence charged
are defined under Section 221 and 222 of CRPC 1973.
this section is:
221 of CRPC
"Where it is doubtful what offence has been committed"
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.
(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.
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.
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.
(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
CHARGE - FORM OF CHARGES
What are the contents of charge? Section 211 of Code of Criminal Procedure 1973
What are the Particulars as to time, place and
person in case of charge? When manner of
committing offence must be stated? Section 212 and
213 of Code of Criminal Procedure 1973
Words in charge taken in sense of law under which
offence is punishable, What are the Effect of
errors, What is the meaning of Court may alter
charge? What is Recall of witnesses when charge
altered? Section 214, 215, 216 and 217 of Code of Criminal Procedure 1973
JOINDER OF CHARGES
What is separate charges for distinct offences?
Three offences of same kind within year may be
charged together. Section 218 and 219 of Code of Criminal Procedure 1973
What is Trial for more than one offence?. Section
220 of Code of Criminal Procedure 1973
Where it is doubtful what offence has been
committed. When offence proved included in offence
charged? Section 221 and 222 of Code of Criminal Procedure 1973
What persons may be charged jointly? Withdrawal of
remaining charges on conviction on one of several
charges? Section 223 and 224 of Code of Criminal Procedure 1973