Separate charges for distinct offences
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Summary
Each distinct offence requires a separate charge and must be tried separately. The accused may apply in writing to have two or more charges tried together, and the Magistrate can allow a joint trial if it would not prejudice the accused. This does not affect the operation of sections 242, 243, 244 and 246.
Example
Ravi is accused of stealing from a shop on one date and of causing grievous hurt to a neighbour on another date. He must be separately charged and separately tried for theft and for grievous hurt. If Ravi files a written request and the Magistrate believes combining the trials would not prejudice him, the Magistrate may try both charges together.
Bare Act
Enacted text(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 242, 243, 244 and 246.
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.
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