CrPC Section 221
Section 221 of the Criminal Procedure Code (CrPC), 1973
Where it is Doubtful What Offence has been Committed
Bare Text of Section 221:
(1) 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 all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
(2) If in such a case 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 sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.
Detailed Explanation:
1. Purpose and Scope:
Section 221 provides legal flexibility in cases where it is uncertain what exact offence the accused has committed due to the nature of the act or available evidence.
It allows the prosecution to charge the accused with multiple offences, or with alternative charges, where it's not clear which offence will be proven during trial.
2. Key Provisions:
| Sub-section | Description |
|---|---|
| 221(1) | If it's doubtful which specific offence an act amounts to, the accused can be: |
Charged with all possible offences,
Charged with any one, or
Charged in the alternative (e.g., “either offence A or offence B”). |
| 221(2) | If the accused was charged with one offence, but the evidence shows a different offence (which could have been charged under 221(1)), they can still be convicted of the offence shown by evidence, even though it wasn’t the original charge. |
3. Practical Importance:
Prevents failure of justice due to technicalities in charging.
Allows courts to deal effectively with overlapping or similar offences that arise from the same incident.
Useful where intention, nature of harm, or circumstances of the act affect the classification of the offence.
4. Practical Example:
A person shoots another with a firearm. It is not clear whether it was:
Attempt to murder (Sec 307 IPC)
Voluntarily causing grievous hurt (Sec 325 IPC)
Endangering life (Sec 336 IPC)
During the trial, if the evidence supports only grievous hurt and not attempted murder, then under 221(2), the accused can still be convicted of grievous hurt, even if they were only charged with attempt to murder.
Summary Table:
| Aspect | Details |
|---|---|
| Applies When | It’s unclear which offence has been committed by the accused |
| Charges Allowed | All possible offences, any one, or alternative charges |
| Conviction Permitted | For a different offence proved by evidence (even if not initially charged) |
| Legal Goal | Avoid technical acquittals; ensure justice based on facts |
| Helps Prevent | Miscarriage of justice due to uncertain classification of offence |
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