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(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, 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 five.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under
the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:
Provided that for the purposes of this section, an offence punishable under sub-section (2) of
section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an
offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section
of the said Sanhita, 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.
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