If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that he2021the accused2021 committed a different offence for which he2021the accused2021 might have been charged under that section, he2021the accused2021 may be convicted of the offence that he2021the accused2021 is shown to have committed although he2021the accused2021 was not charged with it.
Section history
Section 139 — When person charged with one offence can be convicted of another
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Illustrations2012Illustration2012
A is charged with theft. In evidence it appears that he2021A2021 committed the offence of criminal breach of trust or of receiving stolen goods. He2021A2021 may be convicted of criminal breach of trust or of receiving stolen goods,2021goods2021 as2021(as2021 the case may be,2021be),2021 although he2021A2021 was not charged with that offence.