Hurt -- Conviction Without Specific Charge -- Section 324 IPC Not a Minor Offence of Section 332 IPC Under Section 222 CrPC
Indian Penal Code, 1860, S.324 r/w Criminal Procedure Code, 1973, S.222 -- Hurt -- Conviction Without Specific Charge -- A conviction for a minor offence in the absence of a specific charge is sustainable under S.222 CrPC only if the ingredients of that minor offence are already embedded in the offence charged -- S.332 IPC requires voluntarily causing hurt to a public servant in discharge of duty or to deter him from doing so, while S.324 IPC additionally requires that hurt be caused by a dangerous weapon or means -- Since the ingredient of a dangerous weapon is not inherent in S.332 IPC, and both provisions carry the same maximum punishment, S.324 IPC cannot be treated as a minor offence of S.332 IPC under S.222 CrPC.
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