Bharatiya Nagarik Suraksha Sanhita, 2023
Section 246
What persons may be charged jointly
The following persons may be charged and tried together, namely:—
(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; and 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.
Why this exists
When multiple people are involved in the same criminal episode — as co-offenders, abettors, or handlers of stolen property from a common crime — trying them together in one proceeding avoids repeating the same evidence multiple times and lets the court see the full picture of how the crime unfolded, rather than fragmenting a connected story across several separate, isolated trials.
How courts read it
Under the closely related earlier provision (CrPC section 223), courts have treated joint trial as a matter of convenience meant to avoid multiplicity of proceedings and conflicting verdicts on connected facts, while still permitting a court to order separate trials if joint trial would genuinely prejudice one of the accused.
Common misconceptions
- Myth: Only people who directly committed the exact same offence together can be tried jointly.
Fact: This section also allows joint trial of people accused of related but different offences — like the original thieves and someone who later knowingly received the stolen goods — as long as they're connected to the same underlying transaction.