Section 223 CrPC: What persons may be charged jointly

Code of Criminal Procedure, 1973

Section 223 CrPC at a Glance

Section 223 CrPC deals with what persons may be charged jointly. From 1 July 2024 it is replaced by Section 246 BNSS.

Now BNSS

Section 246 →

What Section 223 CrPC Says

223. 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 219 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 sections 411 and 414 of the Indian Penal Code (45 of 1860) 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 XII of the Indian Penal Code (45 of 1860) 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 223, Code of Criminal Procedure, 1973

Section 223 CrPC in Simple Words

Section 223 of the Code of Criminal Procedure, 1973 names the persons who may be charged and tried together.

They are persons accused of the same offence committed in the course of the same transaction, persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence, persons accused of more than one offence of the same kind, within the meaning of Section 219 CrPC, committed by them jointly within the period of twelve months, persons accused of different offences committed in the course of the same transaction, and the groups named in Section 223(e) CrPC, Section 223(f) CrPC and Section 223(g) CrPC.

A proviso allows the Magistrate or Court of Session to try together persons charged with separate offences who do not fall within any of those categories, if such persons by an application in writing so desire, and if the Magistrate or Court of Session is satisfied that such persons would not be prejudicially affected thereby and it is expedient so to do.

When Section 223 CrPC Applies

  • Under Section 223(a) CrPC, persons accused of the same offence committed in the course of the same transaction may be charged and tried together.
  • Under Section 223(b) CrPC, 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 223(c) CrPC, persons accused of more than one offence of the same kind, within the meaning of Section 219 CrPC, committed by them jointly within the period of twelve months may be charged and tried together.
  • Under Section 223(d) CrPC, persons accused of different offences committed in the course of the same transaction may be charged and tried together.
  • Under Section 223(e) CrPC, 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 223(f) CrPC, persons accused of offences under section 411 of the Indian Penal Code and section 414 of the Indian Penal Code, 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 223(g) CrPC, persons accused of any offence under Chapter XII of the Indian Penal Code 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 223 CrPC, 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 223 CrPC

  • Section 223(c) CrPC 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 223 CrPC

Rohan is accused of theft of jewellery from a shop in Pune. Meera is accused of retaining the jewellery, possession of which is alleged to have been transferred by the theft committed by Rohan. Under Section 223(e) CrPC, persons accused of an offence which includes theft, and persons accused of receiving or retaining property possession of which is alleged to have been transferred by that offence, may be charged and tried together. Rohan and Meera may therefore be charged and tried together.

When Section 223 CrPC Does Not Apply

  • Section 223 CrPC 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 223(a) CrPC 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 223 CrPC Under BNSS 246: What Changed

Section 223 CrPC is now covered under Section 246 BNSS.

Section 246 BNSS has the same heading as Section 223 CrPC, from 1 July 2024. The text differs in its cross-references. Section 246(c) BNSS refers to Section 242 BNSS where Section 223(c) CrPC referred to Section 219 CrPC. Section 246(f) BNSS refers to Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 317(5) BNS where Section 223(f) CrPC referred to section 411 of the Indian Penal Code and section 414 of the Indian Penal Code. Section 246(g) BNSS refers to Chapter X of the Bharatiya Nyaya Sanhita, 2023 where Section 223(g) CrPC referred to Chapter XII of the Indian Penal Code.

View detailed comparison (CrPC 223 vs BNSS 246) →

FAQs on Section 223 CrPC

When can persons accused of different offences be charged and tried together under Section 223 CrPC?▼

Under Section 223(d) of the Code of Criminal Procedure, 1973, persons accused of different offences committed in the course of the same transaction may be charged and tried together. Under the proviso to Section 223 CrPC, persons charged with separate offences who do not fall within any of the categories specified may also be tried together on the conditions stated in the proviso.

Can persons who do not fall within any category in Section 223 CrPC be tried together?▼

Yes, under the proviso to Section 223 of the Code of Criminal Procedure, 1973. Where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified, the Magistrate or Court of Session may try all such persons together. The conditions are that such persons by an application in writing so desire, that the Magistrate or Court of Session is satisfied that such persons would not be prejudicially affected thereby, and that it is expedient so to do.

How does Section 223 CrPC apply to persons accused of offences involving stolen property?▼

Under Section 223(e) of the Code of Criminal Procedure, 1973, 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, may be charged and tried together. Under Section 223(f) CrPC, persons accused of offences under section 411 of the Indian Penal Code and section 414 of the Indian Penal Code, or either of those sections, in respect of stolen property the possession of which has been transferred by one offence may also be charged and tried together.

Where is Section 223 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 223 of the Code of Criminal Procedure, 1973 is found in Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 223(a) CrPC is found in Section 246(a) BNSS, Section 223(b) CrPC in Section 246(b) BNSS, Section 223(c) CrPC in Section 246(c) BNSS, Section 223(d) CrPC in Section 246(d) BNSS, Section 223(e) CrPC in Section 246(e) BNSS, Section 223(f) CrPC in Section 246(f) BNSS and Section 223(g) CrPC in Section 246(g) BNSS. The proviso to Section 223 CrPC is found in the proviso to Section 246 BNSS.

Have questions about Section 223 CrPC?

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

Ask NyayGuru →

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·