Section 81, The Criminal Procedure Act, 2024

(1) Where on a trial for any of the offences mentioned insections 25, 26, 27 and 28 of the Larceny Act, 1916, the facts proved in evidence authorise the conviction for some other of these offences and not the offence with which the defendant is charged, he may be found guilty of the other offence and thereupon he shall be punished as if he had been convicted on information or an indictment charging him with such offence, except that a person shall not be convicted under this subsection, of an offence, the maximum punishment for which is greater than that prescribed for the offence charged. (2) Where a person charged with any offence under section 17 of the Larceny Act, 1916 relating to embezzlement and it is proved that he stole the property in question, he may be convicted of stealing although he was not charged with that offence and where a person is charged with stealing a money or valuable security he may, in like manner, be convicted of embezzlement or of fraudulent application or disposition as the case may be. (3) Where a person is charged with stealing a chattel, money or valuable security, and it is proved that he received the chattel, money or valuable security knowing it to have been stolen, he may be convicted of receiving although he was not charged with that offence. (4) Where a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in question in such manner as would amount under the Larceny Act, 1916, to obtaining it by false pretenses with intent to defraud, he may be convicted of obtaining it by false pretenses although he was not charged with that offence. (5) Where a person is charged with obtaining a chattel, money or valuable security by false pretenses with intent to defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged with that offence. 42 43 Person charged with an offence may be convicted of attempt. Conviction of manslaughter on a charge of murder. Conviction of assault with intent to rob on a charge of robbery. Persons charged with burglary, etc., may be convicted of kindred offences. (6) Where 2 or more persons are charged jointly with receiving a property, and it is proved that one or more of the persons separately received any part of the property, any of those persons who are proved to have received a part of the property may be convicted upon such charge. (7) Where a defendant is charged with rape or sexual penetration and the original charge is not proved, he may be convicted of any of the lesser offences in the Sexual Offences Act, 2012 (Act No. 12 of 2012) or in any other law dealing with indecent assault although not charged with that offence. (8) Where a defendant is charged with wounding and the original charge is not proved, he may be convicted of the lesser offence of common assault although not charged with that offence.