Section 246 BNSS: What persons may be charged jointly

Section 246 BNSS Bare Act Text

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.

Source: Section 246, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 246 BNSS in Simple Words

When Section 246 BNSS Applies

• 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 Under Section 246 BNSS

• 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”

Example of Section 246 BNSS

When Section 246 BNSS Does Not Apply

• Section 246 BNSS speaks of persons who may be charged and tried together. It does not deal with the trial of one person for more than one offence.
• Section 246(a) BNSS speaks of persons accused of the same offence committed in the course of the same transaction. It does not deal with separate charges for distinct offences.

Section 246 BNSS in the CrPC (Previous Law)

FAQs on Section 246 BNSS

Sections Related to Section 246 BNSS