(7) Previous conviction when to be set out. If the accused 1[having been previously convicted of any
offence, is liable, by reason of such previous conviction, to enhanced punishment ,or to punishment of a
different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose
of affecting the punishment which the Court may think fit to award for the subsequent offence,] the fact,
date and place of the previous conviction shall be stated in the charge. If such statement 2[has been
omitted,] the Court may add it at any time before sentence is passed.
Illustrations
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the
definition of murder given in sections 299 and 300 of the Pakistan Penal Code; (XLVI of
1860). that it did not fall within any of the general exceptions of the same Code; and that it did
not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1,
one or other of the three provisos to that exception apply to it.
(b) A is charged, under section 326 of the Pakistan Penal Code, (XLV of 1860) with voluntarily
causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a
statement that the case was not provided for by section 335 of the Pakistan Penal Code, and that
the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a
false propertymark. The charge may state that A committed murder, or cheating, or theft, or
extortion, or adultery, or criminal intimidation, or that he used a false propertymark, without
reference to the definitions of those crimes contained in the Pakistan Penal Code; (XLV of
1860) but the sections under which the offence is punishable must, in each instance, be referred
to in the charge.
(d) A is charged, under section 184 of the Pakistan Penal Code (XLV of 1860) with
intentionally obstructing a sale of property offered for sale by the lawful authority of a public
servant. The charge should be in those words.
222. Particulars as to time Place and person.__(1) The charge shall contain such particulars as to the
time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect
of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which
he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it
shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been
committed, and the dates between which the offence is alleged to have been committed, without specifying
particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence
within the meaning of section 234 :
Provided that the time included between the first and last of such dates shall not exceed one year.
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923) s. 61, for "has been previously convicted of any offence, and it is intended to prove such previous conviction for the
purpose of affecting the punishment which the court is competent to award".
2 Subs. ibid., for “is omitted”.
Page 106 of 319