Bharatiya Nagarik Suraksha Sanhita, 2023
Section 242
Offences of same kind within year may be charged together
(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.
Why this exists
This exception to the general one-offence-one-trial rule (section 241) allows practical efficiency when someone commits a string of similar offences in a short period — like repeated small thefts — rather than forcing a separate trial for each and every instance, while capping it at five offences per trial and one year to prevent this efficiency tool from becoming unfair or unwieldy for the accused's defence.
Common misconceptions
- Myth: Any number of similar offences committed over any period can be combined into one trial.
Fact: This section caps joint trial at a maximum of 5 offences of the same kind, and only if all of them were committed within a 12-month span.