Chapter XVII
Section 218 CrPC: Separate charges for distinct offences
New Law Update (2024)
Section 230 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) For every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately; Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in Sub-Section (1) shall affect the operation of the provisions of Sections 219, 220, 221 and 223.
Important Sub-Sections Explained
Section 218(1) CrPC
This sub-section establishes the fundamental rule that for every separate crime an individual is accused of, there must be a separate formal charge, and each of these charges must be heard in its own distinct trial. However, it provides an important exception: if the accused requests it in writing and the Magistrate believes it won’t harm their case, multiple charges against that person can be tried together to save time and resources.
Landmark Judgements
S. Balraj v. State of Maharashtra, AIR 1983 SC 384:
The Supreme Court reiterated that the general rule is to have separate charges and separate trials for distinct offences, to prevent prejudice to the accused. However, the Court acknowledged the exceptions provided in other sections (219, 220, 221, 223 CrPC) and the proviso to Section 218 itself, allowing for joint trials under specific conditions.
Kashi Ram v. State of U.P., AIR 1969 SC 123:
While predating the 1973 CrPC, this case, dealing with the analogous Section 233 of the 1898 CrPC, firmly established the principle that separate trials for separate offences are the norm to ensure a fair trial and prevent confusion or prejudice to the accused. The Court highlighted that any departure from this rule must be strictly within the statutory exceptions.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE, [City, State]
C.C. No. [Number] / [Year]
[OR]
F.I.R. No. [Number] / [Year], Police Station [Police Station Name]
IN THE MATTER OF:
[Name of Accused] … Applicant/Accused
VERSUS
THE STATE OF [State Name] … Respondent
APPLICATION FOR JOINT TRIAL OF CHARGES UNDER THE PROVISO TO SECTION 218(1) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Applicant/Accused is facing charges in the above-mentioned cases, details of which are as follows:
a. Case No. [Case Number], for offence(s) under Section(s) [relevant sections], P.S. [Police Station].
b. Case No. [Case Number], for offence(s) under Section(s) [relevant sections], P.S. [Police Station].
[Add more points for each distinct case/charge]
2. That the charges framed against the Applicant/Accused in the aforementioned cases are distinct offences, but are inter-connected / form part of the same transaction / arise from similar circumstances [Choose applicable description, explain briefly if needed].
3. That the Applicant/Accused desires a joint trial of all or any number of the charges framed against him/her, as provided under the proviso to Section 218(1) of the Code of Criminal Procedure, 1973.
4. That the Applicant/Accused submits that a joint trial of these charges will not cause any prejudice to him/her. On the contrary, it will facilitate a more efficient and consolidated trial, save the precious time of this Hon’ble Court, and prevent multiplicity of proceedings and potential conflicting findings.
5. That the Applicant/Accused hereby makes this application in writing, expressing his/her desire for a joint trial.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a. Allow the present application and direct a joint trial of the charges framed against the Applicant/Accused in Case No. [Case Number] and Case No. [Case Number] (and any other relevant cases);
b. Pass any other order or directions as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT, AS IN DUTY BOUND, SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Accused/Counsel for Accused)
[Name of Accused/Counsel]
[Address]
[Contact No.]