Section 222 CrPC: When offence proved included in offence charged

Code of Criminal Procedure, 1973

Section 222 CrPC at a Glance

Section 222 CrPC deals with when offence proved included in offence charged. From 1 July 2024 it is replaced by Section 245 BNSS.

Now BNSS

Section 245 →

What Section 222 CrPC Says

222. When offence proved included in offence charged

(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

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

(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Illustrations

(a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406.

(b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

Source: Section 222, Code of Criminal Procedure, 1973

Section 222 CrPC in Simple Words

Section 222 of the Code of Criminal Procedure, 1973 applies when a person is charged with an offence and may be convicted of a minor offence, or of an attempt to commit such offence, although not charged with it. Section 222(1) CrPC covers an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, where such combination is proved but the remaining particulars are not proved.

Section 222(2) CrPC covers facts proved which reduce the offence to a minor offence. Section 222(3) CrPC covers an attempt to commit such offence.

Section 222(4) CrPC reads that nothing in Section 222 CrPC shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

When Section 222 CrPC Applies

  • Under Section 222(1) CrPC, a person charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, may be convicted of the minor offence, though not charged with it, when such combination is proved but the remaining particulars are not proved.
  • Under Section 222(2) CrPC, a person charged with an offence may be convicted of the minor offence, although not charged with it, when facts are proved which reduce it to a minor offence.
  • Under Section 222(3) CrPC, a person charged with an offence may be convicted of an attempt to commit such offence although the attempt is not separately charged.
  • Section 222(4) CrPC does not authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Example of Section 222 CrPC

Ramesh is charged under Section 407 of the Indian Penal Code with criminal breach of trust in respect of property entrusted to Ramesh as a carrier. It appears that Ramesh did commit criminal breach of trust under Section 406 of the Indian Penal Code in respect of the property, but that it was not entrusted to Ramesh as a carrier. Under Section 222 of the Code of Criminal Procedure, 1973, Ramesh may be convicted of criminal breach of trust under Section 406 of the Indian Penal Code, though Ramesh was not charged with it.

When Section 222 CrPC Does Not Apply

  • Section 222(3) CrPC speaks of a conviction for an attempt to commit the offence charged. It does not deal with the case where it is doubtful which of several offences the facts which can be proved will constitute.
  • Section 222(1) CrPC speaks of an offence consisting of several particulars. It does not deal with separate charges for distinct offences.

Section 222 CrPC Under BNSS 245: What Changed

Section 222 CrPC is now covered under Section 245 BNSS.

Section 245 BNSS has the same heading as Section 222 CrPC, from 1 July 2024. Section 245(1) BNSS, Section 245(2) BNSS, Section 245(3) BNSS and Section 245(4) BNSS have the same text as Section 222(1) CrPC, Section 222(2) CrPC, Section 222(3) CrPC and Section 222(4) CrPC. The illustrations differ in their citations. The first illustration in Section 245 BNSS cites Section 316(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 316(2) of that Sanhita where the first illustration in Section 222 CrPC cited section 407 of the Indian Penal Code and section 406 of that Code. The second illustration in Section 245 BNSS cites Section 117(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 122(2) of that Sanhita where the second illustration in Section 222 CrPC cited section 325 of the Indian Penal Code and section 335 of that Code.

View detailed comparison (CrPC 222 vs BNSS 245) →

FAQs on Section 222 CrPC

Can a person charged with an offence be convicted of a minor offence under Section 222 CrPC?▼

Yes. Under Section 222(1) CrPC, a person charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, may be convicted of the minor offence, though not charged with it, when such combination is proved but the remaining particulars are not proved. Under Section 222(2) CrPC, a person charged with an offence may be convicted of the minor offence, although not charged with it, when facts are proved which reduce it to a minor offence.

Can a person charged with an offence be convicted of an attempt under Section 222(3) CrPC?▼

Yes. Section 222(3) of the Code of Criminal Procedure, 1973 reads that when a person is charged with an offence, the person may be convicted of an attempt to commit such offence although the attempt is not separately charged.

What does Section 222(4) CrPC say about a conviction of a minor offence?▼

Section 222(4) of the Code of Criminal Procedure, 1973 reads that nothing in Section 222 CrPC shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Where is Section 222 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 222 of the Code of Criminal Procedure, 1973 is found in Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 222(1) CrPC is found in Section 245(1) BNSS, Section 222(2) CrPC in Section 245(2) BNSS, Section 222(3) CrPC in Section 245(3) BNSS and Section 222(4) CrPC in Section 245(4) BNSS. The illustrations to Section 222 CrPC are found in the illustrations to Section 245 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·