What Is BNSS Section 246?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 246: What persons may be charged jointly

The following persons may be charged and tried together, namely:—

• 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 242 committed by them jointly within the period of twelve months;
• Persons accused of different offences committed in the course of the same transaction;
• 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;
• Persons accused of offences under section 315 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;
• Persons accused of any offence under Chapter XII 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.

Brief Detail

Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the circumstances under which multiple persons may be charged and tried together. It specifies various categories, including:

• Accused of the same offence or related offences.
• Jointly committed offences within a specified timeframe.
• Different offences occurring in the same transaction.
• Related offences involving property from criminal acts.

The section also allows for the possibility of trying separate offences together if requested and deemed appropriate by the court.

Question & Answers

Q1: What types of persons can be charged together under Section 246?

A1: Persons accused of the same offence, those involved in abetment, or individuals accused of related offences within specified timeframes.

Q2: Can individuals accused of different offences be tried together?

A2: Yes, if those offences were committed in the course of the same transaction.

Q3: Is there a provision for trying separate offences together?

A3: Yes, if the Magistrate or Court of Session deems it expedient and the individuals request it in writing.

Q4: What categories allow for joint charges related to property crimes?

A4: Those accused of theft, extortion, or related offences involving the concealment of property can be charged together.

Q5: How does the timeframe factor into joint charges?

A5: Persons accused of multiple offences of the same kind committed within a twelve-month period can be tried together.

Example

1. Joint Offence: Two individuals who committed theft during the same burglary can be charged together.
2. Abetment: A person who assists in a crime (e.g., helping someone steal) can be charged alongside the principal offender.
3. Multiple Offences: Three individuals involved in a series of related frauds within a year may be tried together.
4. Different Offences: A person charged with cheating and another with receiving stolen property from the same incident can be tried together.
5. Request for Joint Trial: If five individuals are accused of different offences but request a joint trial, the court may allow it if there’s no prejudice.

Summary

Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides guidelines for charging individuals jointly in various scenarios, such as when multiple offences are connected by the same transaction or timeframe. It also allows for flexibility in the judicial process, permitting courts to try separate offences together if it serves justice and does not harm the parties involved.