Section 222 in The Code Of Criminal Procedure, 1973
Section 222 of CRPC “When offense proved included in offense charged”
1) When a person is charged with an offense consisting of several particulars a combination of some only of which constitutes a complete minor offense and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offense though he was not charged with it.
(2) When a person is charged with an offense and facts are proved which reduce it to a minor offense he may be convicted of the minor offense although he is not charged with it.
(3) When a person is charged with an offense he may be convicted of an attempt to commit such offense although the attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorize a conviction of any minor offense where the conditions requisite for the initiation of proceedings in respect of that minor offense have not been satisfied.
Illustrations
(a) A is charged, under section 407 of the Indian Penal Code, (45 of 1860) with a criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit a 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 with causing grievous hurt. He proves that he acted on grave and sudden provocation. he may be convicted under section 335 of that Code (45 of 1860).