CrPC 219→BNSS 242

CrPC 219 to BNSS 242: Three offences of same kind within year may be charged together

Section 219 CrPC (1973) replaced by Section 242 BNSS (2023)

View CrPC Section 219 →View BNSS Section 242 →

CrPC 219 to BNSS 242 at a Glance

Section 219 CrPC (Three offences of same kind within year may be charged together) is now Section 242 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 219 to BNSS 242?

Section 219 of the Code of Criminal Procedure, 1973 is found in Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 242(1) BNSS reads not exceeding five where Section 219(1) CrPC read not exceeding three, and the heading of Section 242 BNSS has no counterpart to the word Three. Section 242(2) BNSS reads the Bharatiya Nyaya Sanhita, 2023 where Section 219(2) CrPC read the Indian Penal Code. The proviso to Section 242(2) BNSS reads Section 303(2) and Section 305 of the said Sanhita where the proviso to Section 219(2) CrPC read Section 379 and Section 380 of the said Code.

CrPC 219 vs BNSS 242: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section219242
HeadingThree offences of same kind within year may be charged togetherOffences of same kind within year may be charged together
Sub-sections2 sub-sectionsSame

CrPC 219 and BNSS 242: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 219, CrPC 1973

219. Three offences of same kind within year may be charged together.—(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 law: 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.
BNSS 2023 (in force)

Section 242, BNSS 2023

242. Offences of same kind within year may be charged together.—(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 five. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, 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.

When It Applies: CrPC 219 vs BNSS 242

Under CrPC 219
  1. Under Section 219(1) CrPC, a person 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 may be charged with, and tried at one trial for, any number of them not exceeding three.
  2. Section 219(1) CrPC applies whether the offences are in respect of the same person or not.
  3. Under Section 219(2) CrPC, 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 or of any special or local law.
  4. The proviso to Section 219(2) CrPC reads that an offence punishable under Section 379 of the Indian Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code.
  5. The proviso to Section 219(2) CrPC reads 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.
Under BNSS 242
  1. Under Section 242(1) BNSS, a person 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 may be charged with, and tried at one trial for, any number of them not exceeding five.
  2. Section 242(1) BNSS applies whether the offences are in respect of the same person or not.
  3. Under Section 242(2) BNSS, offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law.
  4. The proviso to Section 242(2) BNSS reads that an offence punishable under Section 303(2) of the said Sanhita shall be deemed to be an offence of the same kind as an offence punishable under Section 305 of the said Sanhita.
  5. The proviso to Section 242(2) BNSS reads that an offence punishable under any section of the said Sanhita, 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.

Time Limits: CrPC 219 to BNSS 242

Under CrPC 219
  • Section 219(1) CrPC speaks of offences committed within the space of twelve months from the first to the last of such offences.Act text: “committed within the space of twelve months from the first to the last of such offences”
Under BNSS 242
  • Section 242(1) BNSS speaks of offences committed within the space of twelve months from the first to the last of such offences.Act text: “committed within the space of twelve months from the first to the last of such offences”

What CrPC 219 to BNSS 242 Means in Practice

From 1 July 2024, Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the section for offences of the same kind charged together where Section 219 of the Code of Criminal Procedure, 1973 was. Section 242(1) BNSS reads any number of them not exceeding five, where Section 219(1) CrPC read any number of them not exceeding three.

FAQs: CrPC 219 to BNSS 242

Which section of the BNSS replaced Section 219 CrPC from 1 July 2024?▼

Section 219 of the Code of Criminal Procedure, 1973 is found in Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 219(1) CrPC is found in Section 242(1) BNSS and Section 219(2) CrPC, with its proviso, in Section 242(2) BNSS.

How does the number of offences differ between Section 219 CrPC and Section 242 BNSS?▼

Section 219(1) of the Code of Criminal Procedure, 1973 reads that the person may be charged with, and tried at one trial for, any number of them not exceeding three. Section 242(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads any number of them not exceeding five. The period of twelve months from the first to the last of such offences is in the text of both sections.

How do the cited Acts differ between Section 219(2) CrPC and Section 242(2) BNSS?▼

Section 242(2) BNSS reads the Bharatiya Nyaya Sanhita, 2023 where Section 219(2) CrPC read the Indian Penal Code. The proviso to Section 242(2) BNSS reads Section 303(2) and Section 305 of the said Sanhita where the proviso to Section 219(2) CrPC read Section 379 and Section 380 of the said Code.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·