Three offences of same kind within year may be charged together
AI Assist
Summary
When a person is accused of more than one offence of the same kind committed within twelve months from the first to the last, they may be charged and tried together in one trial for any number of those offences not exceeding three. Offences are of the same kind when they carry the same punishment under the same provision of the IPC or a special or local law. Certain theft offences are specially treated as the same, and an attempt counts as the same when the attempt itself is an offence.
Example
Ravi is accused of five shop thefts committed over eleven months. Because these are thefts of the same kind within a year, the court may charge and try him in a single trial for any three of those offences.
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 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 laws:
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.
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