RULE AGAINST DUPLICITY
1st COMPONENT
Offence Should Be Subject of
separate charge
● Offences in the alternatives, Two
distinct offences & Latent Duplicity
● It has (2) exceptions to rule against
duplicity which is :
●Sec 153 (2) Offences those of
Criminal Breach of trust or criminal
misappropriation
● The offence Sec 193 PC
● It also has (2) provisions in CPC that
provide a cure for omission & Defects In a
charge which is under Sec 156 & Sec 422
2nd COMPONENT
Every Charge to be separately tried
● Exceptions to this general rule which
allow the joining of more than 1 charge at
one trial as well as the holding joint trial for
2 or more persons
● Offences of some kind :
● Punishable with the same
amount of punishment
● Offence punishable under Sec
379,380,382,392 0r 397 of PC
● Same Transaction : Sec 165 (1) CPC
● Offence falling under different
definations : Eg Syaheed hit Muhaimin
maybe separetly charge of offence under
Sec 353 & 323 PC
● Acts by itself or themeself constitute
another offence : Eg Rizal was robbery
hafsham and also cause hurt too. Charge
offence under 323, 392 &394 CPC
● Alternative Charges ; Sec 166 CPC
3rd COMPONENT
Every Charge to be separately tried
● Sec 170 (1) : When more persons
accused of the same offence or different
offence committed in the same transaction
● Joint Charge : The prosecution
prefers joint charge & consequently
joint trial for the purpose to avoid
from duplicity
● Joint charge invoking common
intention : where the charge is
premised not a joint charge but on
common intention, the prosecution
need only establish that one
accused persons committed the act
and there is some evidence that
the others participate in it in
furtherance of a common intention
● Sec 170 (2) : Persons accused of offences
relating to property and persons accused of
receiving, retaining in such property
● Allows the trial of persons
accused of an offence of theft,
extortion, criminal breach of trust
which person abetment to coomit
the offence