Code
(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 law:
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.
Explanation
This section essentially dictates that if an individual faces three or more charges for similar offenses within a 12-month period, the Magistrate handling the case must forward all the cases to the Sessions Judge. The Sessions Judge then decides the appropriate course of action.
The purpose of this section is to prevent:
- Harassment of the accused: Multiple charges for similar offenses within a short time can be seen as an attempt to harass the accused.
- Unnecessary burden on the judiciary: Repeated trials for similar offenses can unnecessarily burden the court system.
- Inefficient use of resources: Time and resources spent on multiple trials for similar offenses could be better utilized elsewhere.
Illustration
Imagine a person is charged with three cases of petty theft within a year. In this scenario, the Magistrate handling any of these cases would be required to forward all three cases to the Sessions Judge. The Sessions Judge could then:
- Order a single trial for all three offenses.
- Dismiss some of the charges.
- Take any other action deemed necessary.
Common Questions and Answers
Q: What constitutes “offenses of the same kind”?
A: This is a matter of interpretation, but generally, offenses are considered “of the same kind” if they share similar elements, intent, and consequences. For example, multiple counts of theft, assault, or criminal trespass could be considered offenses of the same kind.
Q: Does this section apply to all Magistrates?
A: Yes, Section 219 CrPC applies to all Magistrates, regardless of their jurisdiction.
Q: Can the Sessions Judge override the Magistrate’s decision to forward the cases?
A: No, the Sessions Judge is bound by the Magistrate’s decision to forward the cases under Section 219 CrPC. The Sessions Judge can only order a course of action regarding the forwarded cases.
