If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under that section, the accused may be convicted of the offence that the accused is shown to have committed although the accused was not charged with it.
Section history
Section 139 — When person charged with one offence can be convicted of another
As in force on 17 August 2026.
Illustration
A is charged with theft. In evidence it appears that A committed the offence of criminal breach of trust or of receiving stolen goods. A may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), although A was not charged with that offence.