(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 314 of the Bharatiya Nyaya Sanhita, 2023, 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 314 of that Sanhita 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 314.
(b) A is charged, under section 115 of the Bharatiya Nyaya Sanhita, 2023, with causing
grievous hurt. He proves that he acted on grave and sudden provocation. He may be
convicted under section 120 of that Sanhita.
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