B—Joinder of Charges
218. Separate charges for distinct offences -
(1)
For every distinct offence of which any person is accused there shall be a
separate charge and
every
such charge shall be tried separately:
Provided
that where the accused person, by an application in writing, so desires and the
Magistrate
is of opinion that such person is not likely to be prejudiced thereby the
Magistrate
may
try together all or any number of the charges framed against such person
(2)
Nothing in sub-section (1) shall affect the operation of the provisions of
sections 219, 220,
221
and 223
Illustration
A is accused of a theft on one
occasion, and of causing grievous hurt on another occasion A must
be
separately charged and separately tried for the theft and causing grievous hurt
219. 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, 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 Indian Penal Code (45 of 1860) or of any special or
local laws:
Provided
that, for the purposes of this section, an offence punishable under section 379
of
the
Indian Penal Code (45 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 said Code, 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
220. 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)
When a person charged with one or more offences of criminal breach of trust or
dishonest
misappropriation
of property as provided in sub-section (2) of section 212 or in sub-section (1)
of
section 219, is accused of committing, for the purpose of facilitating or
concealing the
commission
of that offence or those offences, one or more offences of falsification of
accounts,
he
may be charged with, and tried at one trial for, every such offence
(3)
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
(4)
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, or such acts
(5)
Nothing contained in this section shall affect section 71 of the Indian Penal
Code (45 of
1860)
Illustrations to sub-section (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 Indian Penal Code (45 of 1860)
(b)
A commits
house-breaking 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 Indian Penal Code (45 of 1860)
(c)
A entices B, the wife of C, away form 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 Indian Penal Code (45 of 1860)
(d)
A has in
his possession several seals, knowing them to be counterfeit and
intending
to use them for the purpose of committing several forgeries punishable under
section
466
of the Indian Penal Code (45 of 1860) A may be separately charged with, and convicted of,
the
possession of each seal under section 473 of the Indian Penal Code (45 of 1860)
(e)
With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that
there
is no just or lawful ground for such proceeding, and also falsely accuses B of having
committed
an offence, knowing that there is no just or lawful ground for such charge A may be
separately
charged with, and convicted of, two offences under section 211 of the Indian
Penal
Code
(45 of 1860)
(f)
A with
intent to cause injury to B, falsely accuses him of having committed an offence,
knowing
that there is no just or lawful ground for such charge On the trial, A gives false evidence
against
B, intending thereby
to cause B to be convicted of a capital offence A may be separately
charged
with and convicted of, offences under sections 211 and 194 of the Indian Penal
Code (45
of
1860)
(g)
A with six
others, commits the offences, of rioting, grievous hurt and assaulting a public
servant
endeavouring in the discharge of his duty as such to suppress the riot A may be
separately
charged with, and convicted of, offences under sections 147, 325 and 152 of the
Indian
Penal Code (45 of 1860)
(h)
A threatens
B, C and D at the same time with injury to
their persons with intent to cause
alarm
to them A may be separately charged with, and convicted of, each of the
three offences
under
section 506 of the Indian Penal Code (45 of 1860)
The
separate charges referred to in illustrations
(a) to (h) respectively, may be tried at the same
time
Illustrations to sub-section (3)
(i)
A wrongfully
strikes B with a cane A may be separately charged with and convicted of,
offences
under sections 352 and 323 of the Indian Penal Code (45 of 1860)
(j)
Several stolen sacks of corn are made over to A
and B, who knew they are stolen property, for
the
purpose of concealing them A and B thereupon voluntarily assist each other to conceal the
sacks
at the bottom of a grain-pit A and B may be separately charged with and convicted of,
offences
under sections 411 and 414 of the Indian Penal Code (45 of 1860)
(k)
A exposes
her child with the knowledge that she is thereby likely to cause its dea
221. Where it is doubtful what offence has been committed –
(1)
If a single act or series of acts is of such a nature that it is doubtful which
of several offences
the
facts which can be proved will constitute, the accused may be charged with
having
committed
all or any of such offences, and any number of such charges may be tried at
once; or
he
may be charged in the alternative with having committed some one of the said
offences
(2)
If in such a case the accused is charged with one offence, and it appears in
evidence that he
committed
a different offence for which he might have been charged under the provisions
of subsection
(1),
he may be convicted of the offence which he is shown to have committed,
although
he
was not charged with it
Illustrations
(a)
A is
accused of an act which may amount to theft, or receiving stolen property, or
criminal
breach
of trust or cheating He may be charged with theft, receiving stolen property,
criminal
breach
of trust and cheating, or he may be charged with having committed theft, or
receiving
stolen
property or criminal breach of trust or cheating
(b)
In the case mentioned, A is only charged with theft It appears that he committed the
offence
of
criminal breach of trust, or that of receiving stolen goods He may be convicted
of criminal
breach
of trust or of receiving stolen goods (as the case may be) though he was not
charged with
such
offence
(c)
A states on
oath before the Magistrate that he saw B hit C with a club Before the Sessions
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 to be proved which of these
contradictory
statements
was false
222. When offence proved included in offence charged
(1)
When a person is charged with an offence consisting of several particulars, a
combination of
some
only of which constitutes a complete minor offence, and such combination is
proved, but
the
remaining particulars are not proved, he may be convicted of the minor offence,
though he
was
not charged with it
(2)
When a person is charged with an offence and facts are proved which reduce it
to a minor
offence,
he may be convicted of the minor offence, although he is not charged with it
(3)
When a person is charged with an offence, he may be convicted of an attempt to
commit such
offence
although the attempt is not separately charged
(4)
Nothing in this section shall be deemed to authorise a conviction of any minor
offence where
the
conditions requisite for the initiation of proceedings in respect of that minor
offence have not
been
satisfied
Illustrations
(a)
A is
charged under section 407 of the Indian Penal Code (45 of 1860) with criminal
breach of
trust
in respect of property entrusted to him as a carrier It appears, that he did
commit criminal
breach
of trust under section 406 of that Code in respect of the property, but that it
was not
entrusted
to him as a carrier He may be convicted of criminal breach of trust under the
said
section
406
(b)
A is
charged under section 325 of the Indian Penal Code (45 of 1860), with causing
grievous
hurt
He proves that he acted on grave and sudden provocation He may be convicted
under
section
335 of that Code
Comments
(i)
A Court is entitled to convict a person of an offence which is minor in
comparison to the one
for
which he is tried; Sangarabonia Sreenu v State of Andhra Pradesh, (1997) 4 Supreme 214
(ii)
If an accused is charged of a major offence but is not found guilty thereunder,
he can be
convicted
of minor offence, if the facts established indicate that such minor offence has
been
committed;
State of Himachal Pradesh v Tara Dutta, AIR 2000 SC 297
223. What persons may be charged jointly –
The
following persons may be charged and tried together, namely:—
(a)
persons accused of the same offence committed in the course of the same
transaction;
(b)
persons accused of an offence and persons accused of abetment of, or attempt to
commit,
such
offence;
(c)
persons accused of more than one offence of the same kind, within the meaning
of section
219
committed by them jointly within the period of twelve months;
(d)
persons accused of different offences committed in the course of the same transaction;
(e)
persons accused of an offence which includes theft, extortion, cheating, or
criminal
misappropriation,
and persons accused of receiving or retaining, or assisting in the disposal or
concealment
of, property possession of which is alleged to have been transferred by any
such
offence
committed by the first-named persons, or of abetment of or attempting to commit
any
such
last-named offence;
(f)
persons accused of offences under sections 411 and 414 of the Indian Penal Code
(45 of
1860)
or either of those sections in respect of stolen property the possession of
which has been
transferred
by one offence;
(g)
persons accused of any offence under Chapter XII of the Indian Penal Code (45
of 1860)
relating
to counterfeit coin and persons accused of any other offence under the said
Chapter
relating
to the same coin, or of abetment of or attempting to commit any such offence;
and the
provisions
contained in the former part of this Chapter shall, so far as may be, apply to
all such
charges:
Provided
that where a number of persons are charged with separate offences and such
persons
do not fall within any of the categories specified in this section, the
Magistrate may, if
such
persons by an application in writing, so desire, and if he is satisfied that
such persons would
not
be prejudicially affected thereby, and it is expedient so to do, try all such
persons together.
Comments
(i)
Where there is a communality of purpose or design when there is continuity of
action then all
those
persons involved can be accused of the same or different offences committed in
course of
same
transaction If such two diametrically opposite versions are put to joint trial
the confusion
which
can cause in the trial could be incalcullable Permission to joint trial
illegal; Balbir v State
of Haryana, AIR 2000 SC 11:
2000 Cr LJ 169 (SC)
(ii)
The two trials were separately conducted one after the other by the same Court
before the
same
judge and judgment in both cases were separately pronounced on the same day No
doubt
the
session judge should take care of that he would confine his judgment in one
case only to the
evidence
adduced in the case The public prosecutor who prosecuted one case should avoid
prosecution
in other case Permission for joint trial not legal; Balbir v State of Haryana, AIR
2000
SC 11: 2000 Cr LJ 169 (SC)
224. Withdrawal of remaining charges on conviction on one of
several charges-
When
a charge containing more heads than one is framed against the same person, and
when a
conviction
has been had on one or more of them, the complainant, or the officer conducting
the
prosecution,
may, with the consent, of the Court, withdraw the remaining charge or charges,
or
the
Court of its own accord may stay the inquiry into, or trial of, such charge or
charges and such
withdrawal
shall have the effect of an acquittal on such charge or charges, unless the
conviction
be
set aside, in which case the said Court (subject to the order of the Court
setting aside the
conviction)
may proceed with the inquiry into, or trial of, the charge or charges so
withdrawn.
