Code
(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.
Explanation
This section of the Code of Criminal Procedure (CrPC) deals with the situation when a person is accused of committing multiple offences. It outlines the procedure for charging and trying such individuals.
The general rule is that a person should be charged separately for each offence they are accused of. However, there is an exception to this rule. If the offences are “of such a nature that they can be conveniently tried together”, the court may order them to be tried together.
The decision on whether or not to try offences together is ultimately left to the discretion of the court.
Illustration
Imagine a person is accused of robbery and assault.
- If the robbery and assault are connected events, the court might decide to try them together.
- However, if the robbery took place in Delhi and the assault occurred in Mumbai, the court might decide to try them separately.
This is because the offences are geographically distinct and trying them together could lead to confusion.
Common Questions and Answers
Q: What does “conveniently tried together” mean?
A: This phrase is not defined in the CrPC. However, courts have interpreted it to mean that the offences should have a common element, such as the same victim, location, or time period.
Q: Who decides whether or not to try offences together?
A: The court has the final say in this decision.
Q: What are the benefits of trying offences together?
A: Trying offences together can be more efficient and cost-effective. It also avoids the need for multiple trials, which can be stressful for victims and witnesses.
Q: What are the drawbacks of trying offences together?
A: If the offences are complex or unrelated, trying them together could lead to confusion and prejudice.
