Section 222 CrPC: Offence Proved Included in Offence Charged

1. State the Code

Section 222 of the Code of Criminal Procedure, 1973 (CrPC) deals with the situation where an accused is charged with one offence but the evidence presented proves a different offence which is “included” in the original charge.

2. Explanation

This section states that if during a trial, the evidence presented proves that the accused has committed an offence which is “included” within the offence they were originally charged with, the accused can be convicted of that “included” offence even though they were not specifically charged with it.

The key concept here is “included” offence. An offence is considered “included” if it is:

• A lesser offence – The accused is charged with a more serious offence, but the evidence only proves they committed a lesser one.
• A constituent part of the offence charged – The offence charged is made up of multiple elements, and the evidence only proves the accused committed one or some of those elements.

3. Illustration

Imagine someone is charged with **murder** (a serious offence). During the trial, the evidence only proves they committed **culpable homicide not amounting to murder** (a lesser offence). In this case, under Section 222, the accused can be convicted of the lesser offence even though they were originally charged with murder.

4. Common Questions & Answers

• Q: Can the accused be convicted of an offence they were not charged with?
  A: Yes, but only if the offence proven is “included” within the original charge.
• Q: What happens if the evidence proves an entirely different offence not “included” in the original charge?
  A: In this case, the accused cannot be convicted of that offence. The prosecution would need to file a separate charge for that offence.
• Q: Does Section 222 require the prosecution to specifically mention the “included” offence in the charge sheet?
  A: No, it’s not mandatory. The prosecution can bring the “included” offence to the court’s attention during the trial based on the evidence presented.