THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
238. When offence proved
included in offence charged. (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.
[1][(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.
Illustrations
(a) A is charged, under Section 407 of the Pakistan 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 Pakistan 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.