[(2A) When a person is charged with an offence, he may be convicted of an attempt to commit such
offence although the attempt is not separately charged.]
1
(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in
section 198 or��section 199 when no complaint has been made as required by that section.
Illustrations
(a) A is charged, under section 407 of the Pakistan Penal Code (XLV of 1860), 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 Pakistan Penal Code (XLV of 1860), with causing
grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted
under section 335 of that Code.
[239. What persons may be charged jointly. The following persons may be charged and tried
together, namely:__
2
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment, or of an attempt to commit
such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 234
committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and
persons accused of receiving or retaining, or assisting in the disposal or concealment of, property
possession of which is alleged to have been transferred by any such offence committed by the
firstnamed persons, or of abetment of or attempting to commit any such lastnamed offence;
(f) persons accused of offences under sections 411 and 414 of the Pakistan Penal Code (XLV of
1860) or either of those sections in respect of stolen property the possession of which has been
transferred by one offence; and
(g) persons accused of any offence under Chapter XIl of the Pakistan Penal Code (XLV of 1860)
relating to counterfeit coin, and persons accused of any other offence under the said
1 Subsection (2A) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 64.
2 Subs. ibid., s. 65, for original s. 239.
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