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Section history

Section 141 — When offence proved is lesser offence

Consolidated view is experimental and may be broken for certain provisions.

Amendments
141.When offence proved is lesser offence

(1)If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, hethe person may be convicted of the lesser offence although hethe person was not charged with it.

(2)When a person is charged with an offence and facts are proved which reduce it to a lesser offence, hethe person may be convicted of the lesser offence although hethe person is not charged with it.

Illustrations

(a) A is charged under section 407 of the Penal Code (Cap. 224)1871 with criminal breach of trust in respect of property entrusted to himA as a carrier. It appears that heA did commit criminal breach of trust under section 406 of the Penal Code 1871 in respect of the property, but that it was not entrusted to himA as a carrier. HeA may be convicted of criminal breach of trust under section 406 of the Penal Code.Code 1871.

(b) A is charged under section 325 of the Penal Code 1871 with causing grievous hurt. HeA proves that heA acted on grave and sudden provocation. HeA may be convicted under section 335 of the Penal Code.Code 1871.