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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XIX

OF THE CHARGE

Joinder of Charges

When offence proved included in offence charged
238.(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.
 
 
 
 
(2A) 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.
 
 
 
 
(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as required by that section.
 
 
 
 
Illustrations
 
 
 
 
(a) A is charged, under section 407 of the Penal Code, 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 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 section 406.
 
 
 
 
(b) A is charged under section 325 of the 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.

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