229. When new trial may be directed, or trial suspended. If the new or altered or added charge is
such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused
or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as
may be necessary.
230. Stay of proceedings if prosecution of offence in altered charge require previous sanction. If
the offence stated in the new or altered or added charge is one for the prosecution of which previous
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction
has been already obtained for a prosecution on the same facts as those on which the new or altered charge is
founded.
231. Recall of witnesses when charge altered. Whenever a charge is altered or added to by the Court
after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re
summon, and examine with reference to such alteration or addition, any witness who may have been
examined, and also to call any further witness whom the Court may think to be material.
232. Effect of material error.(1) If any Appellate Court, or the High Court 1[,or the Court of Session]
in the exercise of its powers of revision or of its powers under Chapter XXVII, is of opinion that any person
convicted of an offence was misled in his defence by the absence of a charge or by an error in the charge, it
shall direct a new trial to be had upon a charge framed in whatever manner it thinks fit.
(2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred
against the accused in respect of the facts proved, it shall quash the conviction.
Illustration
A is convicted of an offence, under section 196 of the Pakistan Penal Code, (XLV of 1860) upon a
charge which omits to state that he knew the evidence, which he corruptly used or attempted to use as true
or genuine, was false or fabricated. If the Court thinks it probable that A had such knowledge, and that he
was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a
new trial upon an amended charge; but, if it appears probable from the proceedings that A had no such
knowledge, it shall quash the conviction.
Joinder of charges
233. Separate charges for distinct offences. For every distinct offence of which any person is accused
there shall be a separate charge, and every such charge shall be tried separately, except in the cases
mentioned in sections 234, 235, 236 and 239.
Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be
separately charged and separately tried for the theft and causing grievous hurt.
1 Ins. by the Law Reforms Ordinance, 1972 (12 of 1972) s. 2 and Sch.
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