Code:
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 242 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 sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 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 X of the Bharatiya Nyaya Sanhita, 2023 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 or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
Explanation:
Section 246 of the BNSS outlines specific situations where multiple individuals can be charged and tried together. This is known as a ‘joint trial’. The rationale behind joint trials is to promote efficiency and reduce the burden on the judicial system. However, the law carefully defines the circumstances under which such trials are permissible to ensure fairness and prevent undue prejudice to the accused.
Illustrations:
- (a) Same Offence, Same Transaction: If two individuals are accused of robbing a bank together, they can be tried jointly as they are accused of the same offence (robbery) committed during the same transaction.
- (b) Offence and Abetment: If one person commits murder and another person aided or encouraged the murder, they can be tried together. The first person is accused of the offence (murder), and the second person is accused of abetment.
- (c) Multiple Offences of Same Kind: If two individuals commit multiple thefts within a 12-month period, they can be tried jointly as they are accused of offences of the same kind (theft) committed together.
- (d) Different Offences, Same Transaction: If one person commits robbery and another person commits assault during the same robbery incident, they can be tried together as their offences occurred in the same transaction.
- (e) Offence and Receiving Stolen Property: If one person steals a car and another person knows the car was stolen and assists in hiding it, they can be tried together. The first person is accused of the offence (theft), and the second person is accused of receiving or concealing stolen property.
- (f) Offences Relating to Stolen Property: If one person steals a necklace and another person receives it, they can be tried together under sections related to theft and receiving stolen property.
- (g) Counterfeit Coin Offences: If one person makes counterfeit coins and another person uses them, they can be tried together under the relevant sections on counterfeit currency.
Common Questions and Answers:
- Q: Can anyone be tried together?
- A: No, only individuals falling under the categories mentioned in Section 246 can be tried jointly. The law aims to prevent unrelated offences from being combined in a single trial.
- Q: What if the accused don’t want a joint trial?
- A: If individuals do not want to be tried together, they can make a written application to the Magistrate or Court of Session. The court will consider their request and decide whether a separate trial is necessary to avoid prejudice.
- Q: What are the advantages of a joint trial?
- A: Joint trials can save time and resources by consolidating evidence and witness testimony. They also help in providing a more complete picture of the events involved in a case.
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