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Joinder of Charges Ch: XIX [Ss. 233-240 Cr. P. C. 1898]

32 Pages
Posted: 18 Jul 2012
Last revised: 31 Oct 2012

Justice (R) Dr. Munir Ahmad Mughal

(https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1697634)
Punjab University Law College; Superior Law College

Date Written: July 17, 2012

Abstract
The soul of all justice is fair trial. Criminal justice is no exception to it. The law on the subject of charge is contained in chapter 19 of the Code of Criminal Procedure,
1968 which comprises twenty sections (namely, ss. 221 to 240). Out of them sections 221 to 232 deal with form of charges while sections 233 to 240 deal with
joinder of charges. Here we shall analyse and discuss the following eight topics, namely:

Separate Charges for distinct offences.

Three offences of same kind within one year may be charged together.
Trial for more that one offence.
When it is doubtful what offence has been committed?
When a person is charged with one offence, he can be convicted of another.
When offence proved included in offence charged.
What persons may be charged jointly?
Withdrawal of remaining charges on conviction on one of several charges.

In this analysis we shall try to understand and explain the rules on each subject given by the adjective law that is the Cr. P. C. 1898 and also the application of the
same by the Courts in Pakistan. This study will thus reflect the theory and practice of near a dozen decades. This study will help understand the readers the role of
the law, the bench and the bar in maintaining the rule of law on the criminal side and up keeping the very purpose of all justice which is termed as the fair trial.

Keywords: definition of charge, groundless charge, defect in charge, an irregularity when curable and when not curable, not exceeding three, not reducing in
writing, defective, error in framing, omission to frame, same transaction, validity of , withdrawal of, alteration of, failure of justice, failure to pr

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