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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