Separate charges for distinct offences
AI Assist
Summary
Each distinct offence accused against a person must have its own charge and be tried separately. The accused may apply in writing to have two or more charges tried together, and the magistrate may allow that only if it will not prejudice the accused. The rule does not override other Code provisions about joinder or related procedures.
Example
Ravi is accused of stealing from a shop on one date and of causing hurt in a separate street fight on another date. He must be separately charged and separately tried for the theft and for the hurt unless Ravi applies in writing and the magistrate decides trying them together will not prejudice him, in which case the magistrate may try them 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 219, 220, 221 and 223.
IllustrationA 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.
Previous year papers
Pick your exam. we'll email the most recent paper.