BNSS 246 — What persons may be charged jointly.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

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.

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