Chapter XVII
Section 219 CrPC: Three offences of same kind within year may be charged together
New Law Update (2024)
Section 248 BNSS
TRIAL COURT
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws;
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, 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.
Important Sub-Sections Explained
Section 219(1)
This sub-section lays down the primary rule, permitting a person accused of up to three offences of the same kind, committed within a twelve-month period, to be charged and tried together in a single trial, irrespective of the victim.
Section 219(2) and Proviso
This sub-section defines what constitutes “offences of the same kind” – generally those with identical punishment under the same legal section. The Proviso specifically deems theft (Section 379 IPC) and theft in dwelling-house (Section 380 IPC) as the same kind, and also includes attempts to commit such offences.
Landmark Judgements
Jageshwar v. State of U.P. (1957):
The Supreme Court clarified that Section 219 (or its equivalent in prior codes) provides an exception to the general rule that every distinct offence must be tried separately. It allows for the joinder of up to three offences of the same kind, committed within a period of twelve months, into a single trial, aiming to streamline the judicial process without prejudicing the accused.
Chinnaswami v. State of Andhra Pradesh (1962):
While not exclusively focused on Section 219, this Supreme Court judgment laid down general principles for the joinder of charges, stressing that the rules are designed to prevent embarrassment to the accused and to ensure that the prosecution does not consolidate charges in a manner that obstructs the defence. It reinforces the procedural safeguards intended by such provisions.
Balbir Singh v. State of Haryana (1970):
The Supreme Court reiterated the strict conditions for applying Section 219, emphasizing that the offences must indeed be “of the same kind” and committed “within the space of twelve months” from the first to the last. This ruling underscores the importance of adhering to these criteria to ensure a fair trial and prevent misjoinder.