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 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 1 [Magistrate or Court of Session] may, if such persons by an application in writing, so desire, and 2 [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:
According to Section 223 CrPC, when multiple accused persons are alleged to have committed the same offence, the Magistrate can frame a single charge against all of them. However, this is subject to certain conditions:
- Common intention or conspiracy: The accused must be alleged to have acted with a common intention or in furtherance of a common conspiracy.
- Different roles: Even if the accused played different roles in the crime, they can be jointly charged if their actions contribute to the same offence.
- Separate trials: The Magistrate can order separate trials for different accused if they believe it is necessary for a fair and impartial trial.
Illustration:
Let’s consider a case where two individuals, A and B, are accused of robbery. A is alleged to have planned the robbery and provided the weapons, while B is accused of actually carrying out the robbery. In this scenario, both A and B can be jointly charged with robbery under Section 223 CrPC, as their actions contributed to the same offence, even if their roles were different.
Common Questions and Answers:
Q: Can accused persons be charged separately for the same offence?
A: Yes, if the Magistrate believes that separate trials are necessary for a fair and impartial trial, they can order separate trials for the accused persons even if they are alleged to have committed the same offence.
Q: What happens if the accused persons are acquitted in separate trials?
A: If an accused person is acquitted in a separate trial, it does not necessarily mean that the other accused persons will also be acquitted. Each case will be decided based on the evidence presented.
Q: What are the advantages of joint charging?
A: Joint charging can streamline the trial process, as it allows all accused persons to be tried together. It can also help to prevent inconsistent verdicts in separate trials.
Q: What are the disadvantages of joint charging?
A: A disadvantage of joint charging is that it can make the trial more complex and time-consuming. It can also create challenges for the defence, as they may have to coordinate their strategies with multiple accused persons.
