“`html
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 246
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Section 246
Explanation:
Section 246 of the BNSS outlines specific situations where multiple individuals can be charged and tried together. This is known as a ‘joint trial’. The rationale behind joint trials is to promote efficiency and reduce the burden on the judicial system. However, the law carefully defines the circumstances under which such trials are permissible to ensure fairness and prevent undue prejudice to the accused.
Illustrations:
- (a) Same Offence, Same Transaction: If two individuals are accused of robbing a bank together, they can be tried jointly as they are accused of the same offence (robbery) committed during the same transaction.
- (b) Offence and Abetment: If one person commits murder and another person aided or encouraged the murder, they can be tried together. The first person is accused of the offence (murder), and the second person is accused of abetment.
- (c) Multiple Offences of Same Kind: If two individuals commit multiple thefts within a 12-month period, they can be tried jointly as they are accused of offences of the same kind (theft) committed together.
- (d) Different Offences, Same Transaction: If one person commits robbery and another person commits assault during the same robbery incident, they can be tried together as their offences occurred in the same transaction.
- (e) Offence and Receiving Stolen Property: If one person steals a car and another person knows the car was stolen and assists in hiding it, they can be tried together. The first person is accused of the offence (theft), and the second person is accused of receiving or concealing stolen property.
- (f) Offences Relating to Stolen Property: If one person steals a necklace and another person receives it, they can be tried together under sections related to theft and receiving stolen property.
- (g) Counterfeit Coin Offences: If one person makes counterfeit coins and another person uses them, they can be tried together under the relevant sections on counterfeit currency.
Common Questions and Answers:
- Q: Can anyone be tried together?
- A: No, only individuals falling under the categories mentioned in Section 246 can be tried jointly. The law aims to prevent unrelated offences from being combined in a single trial.
- Q: What if the accused don’t want a joint trial?
- A: If individuals do not want to be tried together, they can make a written application to the Magistrate or Court of Session. The court will consider their request and decide whether a separate trial is necessary to avoid prejudice.
- Q: What are the advantages of a joint trial?
- A: Joint trials can save time and resources by consolidating evidence and witness testimony. They also help in providing a more complete picture of the events involved in a case.
“`
