CrPC § 238 — When offence proved included in offence charged

Statutory text (English)

(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, that 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.
[(2A) 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.]

(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in
section 198 or section 199 when no complaint has been made as required by that section.
Illustrations
(a) A is charged, under section 407 of the Pakistan Penal Code (XLV 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 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 section 406.
(b) A is charged, under section 325 of the Pakistan Penal Code (XLV 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 and verification

Source citation: CrPC (Act V of 1898) s.238: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 112, 113, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 112, 113) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

Read this provision with care

This is a public reference to a stored statute record, not legal advice or a case-specific interpretation. Check the latest official gazette, applicable amendments and jurisdiction before relying on the text. A citation and verification label describe the record in this app; they cannot confirm that no later change has occurred. For a real legal matter, consult a licensed advocate.

Use the full CrPC section index to compare nearby provisions, or return to search.