234. Three offences of same kind within year may be charged together.(1) When a person is
accused of more offences than one of the same kind committed within the space of twelve months from the
first to the last of such offences, 1[whether in respect of the same person or not], he may be charged with,
and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under
the same section of the Pakistan Penal Code (XLV of 1860) or of any special or local law:
[Provided that, for the purpose of this section, an offence punishable under section 379 of the Pakistan
Penal Code (XLV of 1860) shall be deemed to be an offence of the same kind as an offence punishable
under section 380 of the said Code, and that an offence punishable under any section of the Pakistan Penal
Code (XLV of 1860), or of any special or local law, shall be deemed to be an offence of the same kind as an
attempt to commit such offence, when such an attempt is an offence.]
2
235. Trial for more than one offence.(1) If, in one series of acts so connected together as to form the
same transaction, more offences than one are committed by the same person, he may be charged with, and
tried at one trial for, every such offence.
(2) Offence falling within two definitions. If the acts alleged constitute an offence falling within two or
more separate definitions of any law in force for the time being by which offences are defined or punished,
the person accused of them may be charged with, and tried at one trial for, each of such offences.
(3) Acts constituting one offence, but constituting when combined a different offence. If several
acts, of which one or more than one would by itself or themselves constitute an offence, constitute when
combined a different offence, the person accused of them may be charged with, and tried at one trial for, the
offence constituted by such acts when combined, and for any offence constituted by any one, or more, of
such acts.
(4) Nothing contained in this section shall affect the Pakistan Penal Code, (XLV of 1860) section 71.
Illustrations
to subsection (1)—
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in
whose custody B was. A may be charged with, and convicted of, offences under sections 225
and 333 of the Pakistan Penal Code (XLV of 1860).
(b) A commits housebreaking by day with intent to commit adultery, and commits in the house so
entered adultery with B's wife. A may be separately charged with, and convicted of, offences
under sections 454 and 497 of the Pakistan Penal Code (XLV of 1860).
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then
commits adultery with her. A may be separately charged with, and convicted of, offences under
sections 498 and 497 of the Pakistan Penal Code (XLV of 1860).
1 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 62.
2 Proviso ins., ibid.
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