Section 242 BNSS: Offences of same kind within year may be charged together

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 242 BNSS at a Glance

Section 242 BNSS deals with offences of same kind within year may be charged together. It replaced Section 219 CrPC on 1 July 2024.

Was CrPC

Section 219 →

Section 242 BNSS Bare Act Text

(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.

Source: Section 242, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 242 BNSS in Simple Words

Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with charging and trying offences of the same kind together. Under Section 242(1) BNSS, a person accused of more than one offence of the same kind may be charged with those offences and tried for them at one trial. The person may be charged with and tried for any number of them, so long as the number does not exceed five. The offences must have been committed within the space of twelve months, counted from the first of the offences to the last of them.

It makes no difference whether or not the offences concern the same person. Under Section 242(2) BNSS, offences are of the same kind when they come under the same section of the Bharatiya Nyaya Sanhita, 2023 or of a special or local law. They must also carry the same amount of punishment. The proviso adds rules about what is deemed to be of the same kind, for the purposes of Section 242 BNSS.

First, an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be of the same kind as one punishable under section 305 of the same Sanhita. Second, an offence punishable under any section of the same Sanhita, or of a special or local law, shall be deemed to be of the same kind as an attempt to commit that offence. This applies when such an attempt is an offence.

When Section 242 BNSS Applies

  • 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.
  • Section 242(1) BNSS applies whether the offences are in respect of the same person or not.
  • 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.
  • 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.
  • 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 Under Section 242 BNSS

  • 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”

Example of Section 242 BNSS

Arjun is accused of five offences committed within the space of twelve months from the first to the last of such offences. Some of them are punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and the rest under Section 305 of the said Sanhita. Under the proviso to Section 242(2) BNSS, 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. Under Section 242(1) BNSS, Arjun may be charged with, and tried at one trial for, all five offences, being any number of them not exceeding five.

When Section 242 BNSS Does Not Apply

  • Section 242(1) BNSS speaks of offences committed within the space of twelve months from the first to the last of such offences. It does not deal with offences committed over a longer span than twelve months from the first to the last.
  • The proviso to Section 242(2) BNSS speaks of an attempt to commit an offence, when such an attempt is an offence. It does not deal with an attempt that is not an offence.

Section 242 BNSS in the CrPC (Previous Law)

Section 242 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. 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.

Each sub-section below names its own source.

FAQs on Section 242 BNSS

How many offences of the same kind may be tried at one trial under Section 242 BNSS?▼

Section 242(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that 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, the person may be charged with, and tried at one trial for, any number of them not exceeding five.

When are offences of the same kind under Section 242 BNSS?▼

Section 242(2) BNSS reads that 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.

What does the proviso to Section 242(2) BNSS say?▼

The proviso to Section 242(2) BNSS reads that, for the purposes of the section, 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. It 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.

What changed from Section 219 CrPC to Section 242 BNSS from 1 July 2024?▼

From 1 July 2024, Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 219 of the Code of Criminal Procedure, 1973. 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 in the heading of Section 219 CrPC. 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.

Section 242 BNSS: Sub-sections Explained

Section 242(1) BNSS: Three offences of same kind within year may be charged together

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Bare Act Text

(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.

Previous Law

CrPC 219 → Section 242(1) BNSS

Section 242(2) BNSS: Three offences of same kind within year may be charged together

▶

Bare Act Text

(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.

Previous Law

CrPC 219(2) → Section 242(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·