Section 184 CrPC: Where Offenses Triable Together Are To Be Tried
This section outlines the circumstances under which offenses that are triable together should be tried in a single proceeding.
1. State the Code
Section 184 of the Code of Criminal Procedure, 1973 (CrPC) states:
“Where, upon complaint made or information received, an accused person is before a Court, and it appears that he has been guilty of any other offence triable by that Court, the Court may try him for such offence also, whether it is connected with the offence upon which he is before the Court or not.”
2. Explanation
- Triable Together: Offenses are considered triable together if they can be conveniently tried at the same time by the same court, without prejudice to the accused person.
- Commonality: Offenses can be triable together even if they are not connected in terms of facts, but share a common element like the accused person, the victim, or the nature of the offense.
- Court’s Discretion: The court has the discretion to decide whether to try the offenses together, considering factors like the complexity of the case, potential prejudice to the accused, and the efficient use of court resources.
3. Illustration
Imagine an accused person is arrested for theft. During the investigation, it is discovered that the accused was also involved in a robbery that occurred earlier. Both offenses are triable by the same court. In this scenario, the court can, under Section 184 CrPC, choose to try the accused for both theft and robbery together, as they are triable together.
4. Common Questions and Answers
- Q: Is it mandatory to try offenses together if they are triable together?
A: No, it is not mandatory. The court has discretion to decide. - Q: What are the factors considered by the court while deciding whether to try offenses together?
A: The court considers factors like the complexity of the case, potential prejudice to the accused, and the efficient use of court resources. - Q: Can the accused object to being tried for multiple offenses together?
A: Yes, the accused can object to being tried for multiple offenses together, and the court will consider their objections before making a decision.
