Criminal Procedure Code
107
(3) Nothing in this section shall be deemed to authorize a
conviction of any offence referred to in section 131 or 132 of
this Code when no complaint has been made as required by those
sections.
ILLUSTRATIONS
(a) A is charged under section 407 of the 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.
(b) A is charged under section 325 of the Code with causing grievous
hurt. He proves that he acted on grave and sudden provocation. He may
be convicted under section 335 of that Code.
When persons may be charged jointly
170. (1) When more persons than one are accused of the same
offence or of different offences committed in the same transaction,
or when one person is accused of committing an offence and
another of abetment of or attempt to commit the same offence,
they may be charged and tried together or separately as the Court
thinks fit, and the provisions contained in the former part of this
Chapter shall apply to all the charges.
ILLUSTRATIONS
(a) A and B are accused of the same murder. A and B may be charged and
tried together for the murder.
(b) A and B are both charged with a theft, and B is charged with two other
thefts committed by him in the course of the same transaction. A and B
may be both tried together on a charge charging both with the one theft
and B alone with the two other thefts.
(c) A and B, being members of opposing factions in a riot, should be
charged and tried separately.
(d) A and B are accused of giving false evidence in the same proceeding.
They should be charged and tried separately.
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