Section 241 BNSS: Separate charges for distinct offences

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 241 BNSS at a Glance

Section 241 BNSS deals with separate charges for distinct offences. It replaced Section 218 CrPC on 1 July 2024.

Section 241 BNSS 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 242, 243, 244 and 246.

Illustration.

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Source: Section 241, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 241 BNSS in Simple Words

Section 241 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with separate charges for distinct offences. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately.

When Section 241 BNSS Applies

  • For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately.
  • 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.

Example of Section 241 BNSS

Deepak is accused of a theft on one occasion, and of causing grievous hurt on another occasion. Under Section 241(1) BNSS, Deepak must be separately charged and separately tried for the theft and for causing grievous hurt. If Deepak, by an application in writing, so desires and the Magistrate is of opinion that Deepak is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against Deepak.

When Section 241 BNSS Does Not Apply

  • Section 241 BNSS speaks of a separate charge and a separate trial for every distinct offence. It does not deal with altering or adding to a charge, which Section 239 BNSS covers.
  • Section 241 BNSS speaks of a separate charge and a separate trial for every distinct offence. It does not deal with the recall of witnesses when a charge is altered, which Section 240 BNSS covers.

Section 241 BNSS in the CrPC (Previous Law)

Section 241 BNSS replaced Section 218 CrPC from 1 July 2024.

Section 241 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading as Section 218 of the Code of Criminal Procedure, 1973. The text is the same except for the reference in Section 241(2) BNSS, which refers to Sections 242, 243, 244 and 246 BNSS where Section 218(2) CrPC referred to Sections 219, 220, 221 and 223 CrPC.

Each sub-section below names its own source.

FAQs on Section 241 BNSS

What does Section 241 BNSS say about charges for distinct offences?โ–ผ

For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately.

When may the Magistrate try the charges together under Section 241 BNSS?โ–ผ

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.

Which provisions does Section 241(2) BNSS refer to?โ–ผ

Section 241(2) BNSS refers to Sections 242, 243, 244 and 246 BNSS.

What changed from Section 218 CrPC to Section 241 BNSS from 1 July 2024?โ–ผ

Section 241 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading as Section 218 of the Code of Criminal Procedure, 1973. The text is the same except for the reference in Section 241(2) BNSS, which refers to Sections 242, 243, 244 and 246 BNSS where Section 218(2) CrPC referred to Sections 219, 220, 221 and 223 CrPC.

Section 241 BNSS: Sub-sections Explained

Section 241(1) BNSS: Separate charges for distinct offences

โ–ถ

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.

Previous Law

CrPC 218 โ†’ Section 241(1) BNSS

Section 241(2) BNSS: Separate charges for distinct offences

โ–ถ

Bare Act Text

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246.

Illustration

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Previous Law

CrPC 218(2) โ†’ Section 241(2) BNSS

Have questions about Section 241 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru โ†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 20 Oct 2026 ยท