Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVIII · The Charge
167. When a person charged with one offence can be convicted of another
Feedback & supportIf in the case mentioned in section 166 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust, or of receiving stolen goods (as the case may be) though he was not charged with such offence.