Sexual Harassment--Section 354 IPC Not a Minor Offence Relative to Section 354A IPC for Conviction Without Framing of Charge Under S.222 CrPC
Section 354 IPC cannot be treated as a "minor offence" relative to Section 354A IPC for the purpose of conviction under Section 222 CrPC, as the ingredients and punishments of the two provisions are materially distinct. Power under Section 222 CrPC to convict for a minor offence can only be exercised where the two offences are cognate, sharing common main ingredients. Where no charge under Section 354 IPC is framed, a court cannot convict an accused thereunder in the absence of a formal charge, regardless of the evidence on record.
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