CrPC 223 to BNSS 246: What persons may be charged jointly
Section 223 CrPC (1973) replaced by Section 246 BNSS (2023)
CrPC 223 to BNSS 246 at a Glance
Section 223 CrPC (What persons may be charged jointly) is now Section 246 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 223 to BNSS 246?
Section 246 BNSS has the same heading as Section 223 CrPC, from 1 July 2024. The text differs in its cross-references. Section 246(c) BNSS refers to Section 242 BNSS where Section 223(c) CrPC referred to Section 219 CrPC. Section 246(f) BNSS refers to Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 317(5) BNS where Section 223(f) CrPC referred to section 411 of the Indian Penal Code and section 414 of the Indian Penal Code. Section 246(g) BNSS refers to Chapter X of the Bharatiya Nyaya Sanhita, 2023 where Section 223(g) CrPC referred to Chapter XII of the Indian Penal Code.
CrPC 223 vs BNSS 246: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 223 | 246 |
| Heading | What persons may be charged jointly | Same |
| Cross-references | s.219 | s.242 |
CrPC 223 and BNSS 246: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 223, CrPC 1973
223. What persons may be charged jointly.—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 219 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 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;
(g) 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 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.
BNSS 2023 (in force)
Section 246, BNSS 2023
246. What persons may be charged jointly.—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.
When It Applies: CrPC 223 vs BNSS 246
Under CrPC 223
- Under Section 223(a) CrPC, persons accused of the same offence committed in the course of the same transaction may be charged and tried together.
- Under Section 223(b) CrPC, persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence may be charged and tried together.
- Under Section 223(c) CrPC, persons accused of more than one offence of the same kind, within the meaning of Section 219 CrPC, committed by them jointly within the period of twelve months may be charged and tried together.
- Under Section 223(d) CrPC, persons accused of different offences committed in the course of the same transaction may be charged and tried together.
- Under Section 223(e) CrPC, 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, may be charged and tried together.
- Under Section 223(f) CrPC, persons accused of offences under section 411 of the Indian Penal Code and section 414 of the Indian Penal Code, or either of those sections, in respect of stolen property the possession of which has been transferred by one offence may be charged and tried together.
- Under Section 223(g) CrPC, persons accused of any offence under Chapter XII of the Indian Penal Code 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, may be charged and tried together.
- Under the proviso to Section 223 CrPC, the Magistrate or Court of Session may try together persons charged with separate offences who do not fall within any of the categories specified, if such persons by an application in writing so desire, and if satisfied that such persons would not be prejudicially affected thereby and it is expedient so to do.
Under BNSS 246
- Under Section 246(a) BNSS, persons accused of the same offence committed in the course of the same transaction may be charged and tried together.
- Under Section 246(b) BNSS, persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence may be charged and tried together.
- Under Section 246(c) BNSS, persons accused of more than one offence of the same kind, within the meaning of Section 242 BNSS, committed by them jointly within the period of twelve months may be charged and tried together.
- Under Section 246(d) BNSS, persons accused of different offences committed in the course of the same transaction may be charged and tried together.
- Under Section 246(e) BNSS, 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, may be charged and tried together.
- Under Section 246(f) BNSS, persons accused of offences under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 317(5) BNS, or either of those sections, in respect of stolen property the possession of which has been transferred by one offence may be charged and tried together.
- Under Section 246(g) BNSS, 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, may be charged and tried together.
- Under the proviso to Section 246 BNSS, the Magistrate or Court of Session may try together persons charged with separate offences who do not fall within any of the categories specified, if such persons by an application in writing so desire, and if satisfied that such persons would not be prejudicially affected thereby and it is expedient so to do.
Time Limits: CrPC 223 to BNSS 246
Under CrPC 223
- Section 223(c) CrPC applies to offences of the same kind committed by them jointly within the period of twelve months.Act text: “committed by them jointly within the period of twelve months”
Under BNSS 246
- Section 246(c) BNSS applies to offences of the same kind committed by them jointly within the period of twelve months.Act text: “committed by them jointly within the period of twelve months”
What CrPC 223 to BNSS 246 Means in Practice
From 1 July 2024, the text of Section 223 CrPC is found in Section 246 BNSS, with different cross-references in Section 246(c) BNSS, Section 246(f) BNSS and Section 246(g) BNSS.
FAQs: CrPC 223 to BNSS 246
Did the list of persons who may be charged and tried together change in Section 246 BNSS?▼
Section 246 BNSS has the same list of persons as Section 223 CrPC. Section 246(c) BNSS, Section 246(f) BNSS and Section 246(g) BNSS differ from Section 223(c) CrPC, Section 223(f) CrPC and Section 223(g) CrPC in their cross-references.
Which cross-references differ between Section 223 CrPC and Section 246 BNSS?▼
Section 246(c) BNSS refers to Section 242 BNSS where Section 223(c) CrPC referred to Section 219 CrPC. Section 246(f) BNSS refers to Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 317(5) BNS where Section 223(f) CrPC referred to section 411 of the Indian Penal Code and section 414 of the Indian Penal Code. Section 246(g) BNSS refers to Chapter X of the Bharatiya Nyaya Sanhita, 2023 where Section 223(g) CrPC referred to Chapter XII of the Indian Penal Code.
Does the proviso to Section 246 BNSS differ from the proviso to Section 223 CrPC?▼
The proviso to Section 246 BNSS has the same text as the proviso to Section 223 CrPC. Both name the Magistrate or Court of Session, an application in writing, and the satisfaction that such persons would not be prejudicially affected thereby and that it is expedient so to do.
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: 22 Oct 2026 ·