section 238
When offence proved included in offence charged
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XIX OF THE CHARGE
Statutory text
When offence proved included in offence charged.-(1) When a person is charged with an offence consisting of several particular, 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. (2-a) 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.
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