JOINDER OF CHARGES (SECTION 218-224)
“Joinder of Charges” as outlined in Sections 218-224 of the Criminal Procedure Code is a legal provision that allows multiple criminal charges to be combined and tried in one case, making it a fundamental concept to understand how different offenses can be addressed within a single trial.
SECTION 218 – SEPARATE CHARGES FOR DISTINCT OFFENSES
- Every distinct offense must have a separate charge and trial.
- The accused can request to try multiple charges together if it won’t harm them.
- Exceptions provided in Sections 219, 220, 221, and 223.
SECTION 219 – COMBINING OFFENSES OF THE SAME KIND
- If someone is accused of similar offenses within a year, up to three of them can be tried together.
- Offenses are considered the same kind if they have similar punishment under Indian Penal Code (45 of 1860) or of any special or local laws:
SECTION 220 – TRIAL FOR MULTIPLE OFFENSES
- If multiple offenses are part of the same transaction, they can be tried together.
- If acts constitute offenses under different definitions of the law, the accused can be charged and tried for each of these offenses together.
- If several acts, when combined, create a different offense, the person can be charged for this new offense.
- Includes offenses of criminal breach of trust and related acts.
- Exceptions to Section 71 of the Indian Penal Code still apply.
SECTION 221 – WHEN OFFENSE IS UNCLEAR
- If it’s unclear which offense an act or series of acts constitutes, the accused can be charged with multiple possible offenses.
- Can be convicted of an offense even if not initially charged with it.
SECTION 222 – CONVICTION FOR MINOR OFFENSE
- If a charge has multiple particulars and only some are proven, the accused can be convicted of a minor offense.
- Can be convicted of an attempt to commit an offense even if not separately charged.
SECTION 223 – JOINT CHARGES FOR CERTAIN OFFENSES
Lists conditions where people can be charged and tried together.Persons who may be jointly charged and tried –
- Accused of the same offense in a single transaction.
- Accused of the main offense, abetment, or attempt.
- Accused of similar offenses of the same kind within 12 months.
- Accused of different offenses in a single transaction.
- Accused of a compound offense and those aiding or receiving.
- Accused of specific theft-related offenses.
- Accused under Chapter XII of Indian Penal Code involving counterfeit coins.
Exceptions: If a group doesn’t fit these categories, they can request a joint trial if it’s not prejudicial and deemed expedient.
SECTION 224 – WITHDRAWAL OF CHARGES ON CONVICTION
- If multiple heads are charged and a conviction happens, the remaining charges can be withdrawn with court consent.
- Withdrawal is treated as an acquittal, unless the conviction is set aside.
In conclusion, Sections 218 to 224 deal with the ‘Joinder Of Charges’ under Criminal Procedure Code (CrPC) . They allow for the combination of multiple charges in a single trial under certain circumstances, provided they are logically connected. These sections also outline conditions for when a person can be charged with multiple offenses in one trial. The overarching principle is to ensure fairness, efficiency, and the avoidance of prejudice in criminal proceedings.
Reference–
1-https://m.timesofindia.com/india/separate-offences-cant-be-clubbed-sc/articleshow/24800672.cms -THE TIMES OF INDIA
2-https://m.timesofindia.com/city/indore/charges-framed-against-mla-mendola-others-in-sugni-devi-scam/amp_articleshow/52442365.cms -THE TIMES OF INDIA
3-https://m.timesofindia.com/city/bengaluru/hc-quashes-proceedings-against-event-manager-in-2-drug-cases-citing-lapses/amp_articleshow/89049277.cms -THE TIMES OF INDIA
5-https://m.timesofindia.com/city/nagpur/is-the-law-stipulating-presence-of-all-accused-a-loophole/articleshow/15286806.cms -THE TIMES OF INDIA
