Chapter XVII
Section 223 CrPC: What persons may be charged jointly
New Law Update (2024)
Section 250 BNSS
TRIAL COURT
Magistrate or Court of Sessions
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) persons accused of the same offence committed in the course of the same transaction;
(2) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
(3) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
(4) persons accused of different offences committed in the course of the same transaction;
(5) 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;
(6) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
(7) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) 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 Sessions may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
Important Sub-Sections Explained
Section 223(1) CrPC
This sub-section permits a joint trial for multiple persons when they are all accused of committing the exact same offence, provided these offences occurred during a single, continuous series of events or actions (the ‘same transaction’).
Section 223(4) CrPC
This crucial provision allows for a joint trial of several persons even if they are accused of different offences, as long as all these distinct offences were committed within the overarching ‘same transaction’ or sequence of events.
Landmark Judgements
State of Andhra Pradesh v. Cheemalapati Ganeswara Rao (1964):
The Supreme Court extensively interpreted the phrase ‘same transaction’ under Section 223, holding that mere proximity of time is not enough. There must be a continuity of purpose, design, or action to constitute the ‘same transaction’, providing a crucial test for joint trials.
Nathi Lal v. State of U.P. (1990):
The Supreme Court reiterated that a joint trial under Section 223 is permissible when offences, though distinct, are committed in the course of the ‘same transaction’. The Court emphasized the importance of avoiding prejudice to the accused while exercising discretion for a joint trial.