Section 204 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 204 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
๐ Section 204: Place of Trial for Offences Triable Together
Section 204 of the BNSS, 2023 addresses the jurisdiction of courts when multiple offences are committed by one or more individuals. It provides guidelines on where such offences can be tried, ensuring efficiency and consistency in the judicial process.
1. Trial of Multiple Offences by a Single Person
Conditions: If a person has committed several offences that can be charged and tried together in one trial, the offences may be tried in any court competent to inquire into or try any of those offences.
Applicable Provisions: This applies when the offences are such that they may be charged and tried together by virtue of the provisions of:
Section 242: Trial of multiple offences of the same kind committed within a year.
Section 243: Trial of multiple offences committed in a single transaction.
Section 244: Trial of offences where the nature of the offence is uncertain.(
2. Trial of Offences Committed by Several Persons
Conditions: If multiple persons have committed offences that can be charged and tried together in one trial, the offences may be tried in any court competent to inquire into or try any of those offences.
Applicable Provision: This applies when the offences are such that they may be charged and tried together by virtue of the provisions of:
Section 246: Trial of persons jointly charged with offences.
โ๏ธ Comparison with CrPC Section 184
Section 204 of the BNSS, 2023 is similar in intent to Section 184 of the Code of Criminal Procedure (CrPC), 1973, which deals with the place of trial for offences triable together. Both sections aim to streamline the judicial process by allowing related offences to be tried together, thereby reducing the burden on courts and ensuring consistency in verdicts.
๐งพ Example Scenario
Scenario: Raj and Simran are involved in a series of thefts in different parts of Mumbai. Raj is accused of stealing a car in Andheri, while Simran is accused of stealing jewelry in Bandra. Both thefts are connected as part of a larger conspiracy to commit thefts across the city
Application of Section 204: Since the offences committed by Raj and Simran are connected and can be tried together under the provisions of sections 242, 243, or 244, they can be charged and tried in a single trial. The competent court will have the jurisdiction to inquire into or try all the offences committed by them
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