Code:
(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 five.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:
Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, 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.
Explanation:
This section deals with the trial of multiple offences of the same kind committed within a year. It states that:
- Section 242(1): If a person is accused of more than one offence of the same kind committed within 12 months, they can be charged and tried for a maximum of five of those offences in one trial. This applies even if the offences are against different victims.
- Section 242(2): 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. Additionally, the following are deemed to be offences of the same kind:
- Offences under section 301 (culpable homicide not amounting to murder) and section 303 (murder by a person undergoing sentence of imprisonment for life) of the Bharatiya Nyaya Sanhita, 2023.
- An offence under any section of the said Sanhita or any special or local law, and an attempt to commit that offence, if the attempt is itself an offence.
Illustration:
If a person commits theft on five different occasions within a year, they can be charged and tried for all five offences in one trial. However, if the offences are not of the same kind (e.g., theft and assault), they cannot be tried together under this section.
Common Questions and Answers
Q: What is the purpose of this section?
A: This section aims to expedite the trial process by allowing multiple related offences to be tried together, reducing the burden on the court system.
Q: Can an accused person be tried for more than five offences of the same kind?
A: No, the maximum number of offences that can be tried together is five. If there are more than five offences, separate trials will be held for the remaining offences.
Q: How is it determined if offences are of the same kind?
A: Offences are considered of the same kind if they are punishable with the same amount of punishment under the same section of law.
