Multiple choice

‘A’ is accused of an act which may amount of theft, or receiving stolen property or criminal breach of trust or cheating. At trial, formal charge is framed only for the offence of theft. The evidence adduced at trial shows that he committed the offence of criminal breach of trust. He may be convicted

  1. for the offence of theft only for which formal charge was framed

  2. for the offence of criminal breach of trust though he was not charged with such offence

  3. the trial is vitiated

  4. None of these

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Section 222 CrPC permits conviction for an offense different from the one charged, if the evidence proves it and the different offense is one which the accused could have been convicted upon the charge framed. The essential requirements are met here.