Offences of same kind within year may be charged together
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Summary
When a person commits more than one offence of the same kind within twelve months, those offences can be charged and tried together in one trial for up to five offences. Offences are 'same kind' if they carry the same punishment under the same section of the code or under a special or local law. A specified provision treats certain related offences as the same, and an attempt counts as the same kind when an attempt itself is an offence.
Example
Priya stole small items from the same shop on three separate occasions within eight months. The police may include all three theft charges in a single trial (limit five) because those offences are of the same kind, and an attempted theft could be included too if an attempt were an offence.
Bare Act
Enacted text(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 five.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:
Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, 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.
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