Section 238(3)(a) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(a)A is charged, under section 407 of the Ranbir Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 in respect of the property but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406.