Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVIII · The Charge
Section 166
Feedback & supportWhere it is doubtful what offence has been committed
offence
“offence” means any act or omission made punishable by any law for the time being in force;
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of those offences; and any number of the charges may be tried at once, or he may be charged in the alternative with having committed some one of the said offences.
A is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with
Criminal Procedure Code 111
theft, receiving stolen property, criminal breach of trust, and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust, or cheating.
A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;