law: Code of Criminal Procedure Act, 1973
  
  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 authorize 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, 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).