201.
Acts Forming the Same Transaction.
If a series of acts so connected together as to form the same transaction is alleged, the
accused may be charged with and tried at one trial for every offence which he would have
committed if the whole of such acts or some or more of them without the rest were
proved.
Note:- In passing sentence the Court must nevertheless have regard to section 74 of the
Penal Code.
Illustrations.
(a) A, an accountant, commits criminal breach of trust and to conceal his offence falsifies
his accounts. A may be separately charged with and tried at one trial for criminal
breach of trust (section 350 of the Penal Code) and falsification of accounts (section
415 of the Penal Code.)
(b) A commits robbery on B and in doing so voluntarily causes hurt to him. A may be
separately charged with and tried at one trial for offences under sections 278, 334 and
336 of the Penal Code.
202.
When it is Doubtful on which Occasion Offences has been Committed.
If a series of acts is of such a nature that it appears that an offence was committed on one
of several occasions but it is doubtful whether the facts which can be proved will show on
which occasion an offence was committed, the accused may be charged with having
committed an offence alternatively on one or other of such occasions.
Note :- For form of judgement on conviction in the alternative see section 243 (3), See
also section 75 of the Penal Code.
Illustration.
A states on oath before the Magistrate that he saw B hit C with a club. Before another Court a
states on oath that B never hit C. A may be charged in the alternative and convicted of
intentionally giving false evidence, although it cannot be proved which of these contradictory
statements was false.
NOTE:- For form of charge see Schedule 111, 43B(3).
For form of judgement on conviction in the alternative see section 248(4). See also
section 75 of the Penal Code.
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