Section 242 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 242 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Offences of Same Kind Within a Year May Be Charged Together
📜 Text of Section 242
Section 242. Offences of same kind within year may be charged together
Multiple Offences in a Year: When a person is accused of committing more than one offence of the same kind within a twelve-month period, whether against the same person or not, they may be charged with and tried for any number of such offences not exceeding five in a single trial.(
Definition of "Same Kind": Offences are considered of the same kind if they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023, or any special or local law
Provided that:
An offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be of the same kind as an offence punishable under section 305 of the same Sanhita
An offence punishable under any section of the Bharatiya Nyaya Sanhita, 2023, or any special or local law, shall be deemed to be of the same kind as an attempt to commit such offence, when such an attempt is itself an offence.
⚖️ Legal Context and Purpose
Section 242 of the BNSS, 2023, facilitates the consolidation of charges for multiple offences of the same kind committed within a twelve-month period. This provision aims to streamline the judicial process by allowing related offences to be tried together, thereby reducing the burden on courts and expediting the trial process.
The section defines "offences of the same kind" based on the similarity of the punishment prescribed under the same section of the law, ensuring consistency in the treatment of related offences. Additionally, it allows for the inclusion of attempts to commit offences as part of the same kind, provided such attempts are themselves punishable offences.
🧭 Illustrative Example
Scenario: A person commits theft on five separate occasions within a year, each time stealing goods worth Rs. 10,000
Application of Section 242:
Same Kind Offences: All five thefts are considered offences of the same kind as they are punishable under the same section of the Bharatiya Nyaya Sanhita, 2023.
Consolidated Trial: The accused may be charged with and tried for all five thefts in a single trial, as the number of offences does not exceed the maximum limit of five specified in the section.
📌 Conclusion
Section 242 of the BNSS, 2023, provides a mechanism for the efficient handling of multiple offences of the same kind committed within a twelve-month period. By allowing such offences to be tried together, it aims to reduce judicial delays and ensure that related offences are addressed in a consolidated manner. This provision underscores the importance of consistency and efficiency in the criminal justice system
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