Section 218 CrPC: Separate charges for distinct offences

Code of Criminal Procedure, 1973

Section 218 CrPC at a Glance

Section 218 CrPC deals with separate charges for distinct offences. From 1 July 2024 it is replaced by Section 241 BNSS.

Now BNSS

Section 241 →

What Section 218 CrPC Says

218. Separate charges for distinct offences
(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 219, 220, 221 and 223.
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 218, Code of Criminal Procedure, 1973

Section 218 CrPC in Simple Words

Section 218 of the Code of Criminal Procedure, 1973 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 218 CrPC 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 218 CrPC

Deepak is accused of a theft on one occasion, and of causing grievous hurt on another occasion. Under Section 218(1) CrPC, 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 218 CrPC Does Not Apply

Section 218 CrPC 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 216 CrPC covers.
Section 218 CrPC 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 217 CrPC covers.

Section 218 CrPC Under BNSS 241: What Changed

Section 218 CrPC is now covered under Section 241 BNSS.

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.

View detailed comparison (CrPC 218 vs BNSS 241) →

FAQs on Section 218 CrPC

What does Section 218 CrPC say about 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 may the Magistrate try the charges together under Section 218 CrPC?▼

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 218(2) CrPC refer to?▼

Section 218(2) CrPC refers to Sections 219, 220, 221 and 223 CrPC.

Where is Section 218 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 218(1) CrPC is found in Section 241(1) BNSS and Section 218(2) CrPC in Section 241(2) BNSS. The reference in Section 218(2) CrPC to Sections 219, 220, 221 and 223 CrPC is found in Section 241(2) BNSS as a reference to Sections 242, 243, 244 and 246 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·