Similarly, if a person is charged with an offence, and facts are proved which reduce the same to a minor offence, such a person may be convicted of the minor offence, although he may not be charged with such an offence.
So also, if a person is charged with an offence, he may be convicted of an attempt to commit such an offence, although he is not separately charged with such attempt.
Illustrations to S. 222:
(a) A is charged, under S. 407 of the Indian Penal Code, 1860, 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 S. 406 of that Code 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 S. 406.
(b) A is charged, under S. 325 of the Indian Penal Code, 1860, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under S. 335 of the Code.
What is a minor offence?
What amounts to a “minor offence” is not stated anywhere in the Code, and the term must, therefore, be understood in its ordinary, and not in a’ technical sense. The term connotes an offence deserving a lesser degree of punishment. According to the Allahabad High Court, a minor offence means an offence made out by some of the ingredients of the major offence. (Ram Prasad,—1952 Cr. L.J. 1551)
Thus, it has been held that a charge of rape (under S. 376 of the I.P.C.) cannot be altered into a conviction for kidnapping (under S. 366 of the I.P.C.), because the two offences involved different elements and different questions of fact, and the offence of kidnapping cannot be said to be minor to, or included in, the offence of rape. (Sakharam,—3 Cr. L.J. 204)