§ 141 — When offence proved is lesser offence

141.—(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence although the person was not charged with it.(2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, the person may be convicted of the lesser offence although the person is not charged with it.Illustrations

(a)

A is charged under section 407 of the Penal Code 1871 with criminal breach of trust in respect of property entrusted to A as a carrier. It appears that A did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to A as a carrier. A may be convicted of criminal breach of trust under section 406 of the Penal Code 1871.

(b)

A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. A proves that A acted on grave and sudden provocation. A may be convicted under section 335 of the Penal Code 1871.

—(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence although the person was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, the person may be convicted of the lesser offence although the person is not charged with it.Illustrations

(a)

A is charged under section 407 of the Penal Code 1871 with criminal breach of trust in respect of property entrusted to A as a carrier. It appears that A did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to A as a carrier. A may be convicted of criminal breach of trust under section 406 of the Penal Code 1871.

(b)

A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. A proves that A acted on grave and sudden provocation. A may be convicted under section 335 of the Penal Code 1871.