Section 219 CrPC: Three offences of same kind within year may be charged together

Code of Criminal Procedure, 1973

Section 219 CrPC at a Glance

Section 219 CrPC deals with three offences of same kind within year may be charged together. From 1 July 2024 it is replaced by Section 242 BNSS.

Now BNSS

Section 242 →

What Section 219 CrPC Says

219. Three offences of same kind within year may be charged together
(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 three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law:
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, 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 219, Code of Criminal Procedure, 1973

Section 219 CrPC in Simple Words

Section 219 of the Code of Criminal Procedure, 1973 deals with charging and trying offences of the same kind together. Under Section 219(1) CrPC, 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 three. 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 219(2) CrPC, offences are of the same kind when they come under the same section of the Indian Penal Code, 1860 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 219 CrPC.

First, an offence punishable under section 379 of the Indian Penal Code, 1860 shall be deemed to be of the same kind as one punishable under section 380 of the same Code. Second, an offence punishable under any section of the same Code, 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 219 CrPC Applies

Under Section 219(1) CrPC, 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 three.
Section 219(1) CrPC applies whether the offences are in respect of the same person or not.
Under Section 219(2) CrPC, offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law.
The proviso to Section 219(2) CrPC reads that an offence punishable under Section 379 of the Indian Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code.
The proviso to Section 219(2) CrPC reads that an offence punishable under any section of the said Code, 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 219 CrPC

Section 219(1) CrPC 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 219 CrPC

Ramesh is accused of three offences committed within the space of twelve months from the first to the last of such offences. Some of them are punishable under Section 379 of the Indian Penal Code and the rest under Section 380 of the said Code. Under the proviso to Section 219(2) CrPC, an offence punishable under Section 379 of the said Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code. Under Section 219(1) CrPC, Ramesh may be charged with, and tried at one trial for, all three offences, being any number of them not exceeding three.

When Section 219 CrPC Does Not Apply

Section 219(1) CrPC 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 219(2) CrPC 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 219 CrPC Under BNSS 242: What Changed

Section 219 CrPC is now covered under Section 242 BNSS.

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.

View detailed comparison (CrPC 219 vs BNSS 242) →

FAQs on Section 219 CrPC

How many offences of the same kind may be tried at one trial under Section 219 CrPC?▼

Section 219(1) of the Code of Criminal Procedure, 1973 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 three.

When are offences of the same kind under Section 219 CrPC?▼

Section 219(2) CrPC reads that offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law.

What does the proviso to Section 219(2) CrPC say?▼

The proviso to Section 219(2) CrPC reads that, for the purposes of the section, an offence punishable under Section 379 of the Indian Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code. It reads that an offence punishable under any section of the said Code, 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.

Where is Section 219 CrPC found in the BNSS from 1 July 2024?▼

Section 219(1) CrPC is found in Section 242(1) BNSS and Section 219(2) CrPC, with its proviso, in Section 242(2) BNSS, which are sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 242(1) BNSS reads not exceeding five where Section 219(1) CrPC reads not exceeding three.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·