Section 167
Section 167
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences;
and any number of such charges may be tried at once, or he may be charged in the alternative with having committed any one of those offences.
Illustrations
(a)
A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust, or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust, or cheating.
(b)
A states on oath before the committing Magistrate that he saw B hit C with a club.
Before the High Court Judge, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.