Section 246 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 246 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 246
246. What persons may be charged jointly
The following persons may be charged and tried together:
(a) Persons accused of the same offence committed in the course of the same transaction;
(b) Persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
(c) Persons accused of more than one offence of the same kind, within the meaning of section 242, committed by them jointly within the period of twelve months;
(d) Persons accused of different offences committed in the course of the same transaction;
(e) Persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence
(f) Persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, or either of those sections in respect of stolen property the possession of which has been transferred by one offence
(g) Persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence;
The provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 246 of the BNSS, 2023, corresponds to Section 223 of the Indian Penal Code (IPC), which also addresses the circumstances under which persons may be charged and tried together. Both provisions aim to streamline legal proceedings by consolidating related charges and defendants, thereby promoting judicial efficiency.
🧭 Purpose and Significance
Judicial Efficiency: By allowing related charges and defendants to be tried together, this section helps in reducing the number of trials, saving time and resources for the court and the parties involved.
Consistency in Judgments: Joint trials ensure that related offences are adjudicated together, leading to consistent and coherent judgments.(
Fairness to Defendants: Consolidating related charges can prevent contradictory verdicts and ensures that defendants are not subjected to multiple trials for the same set of facts.
Flexibility for the Court: The provision allows the Magistrate or Court of Session to decide on joint trials based on the specifics of each case, ensuring that justice is served appropriately.
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