offence not specified in the charge

Anil Kumar kamboj Delhi M-9650 (Querist) 26 August 2008 This query is : Resolved
can a person be convicted of an offence not specified in the charge ?

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Kiran Kumar (Expert) 26 August 2008
well a court is bound to spell out the charge without any ambiguity. If the charges framed do not spell out under what offence the charges are being framed then the order of charge itself is illegal thus acquittal can be sought on that count.

one can approach the higher court for Revision against charge but that may become fatal for the accused.

deepak kumar (Expert) 27 August 2008
a person can be convicted for a lesser charge but not for a graver charge than that which has been framed.

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