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
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. Provisions under this section is:
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.
(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
Section 222 of CRPC "When offence proved
included in offence charged"
CHARGE - FORM OF CHARGES
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