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