Section 246 BNSS: What Persons May Be Charged Jointly
Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the categories of accused persons who may be charged and tried together. The provision covers persons involved in the same transaction, principal offenders and abettors or attempters, certain same-kind offences, connected property offences, stolen-property offences and specified counterfeit-coin offences.
Text of Section 246 BNSS
246. 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 242 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 sub-sections (2) and (5) of section 317 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;
(g) persons accused of any offence under Chapter X 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.
Meaning of Section 246 BNSS
Section 246 is a joinder provision. It determines when multiple accused persons can be placed in the same criminal trial rather than being tried separately. The section focuses on a legally sufficient connection between the accused persons, the offences alleged against them, or the property or transaction involved.
The rule should be read with the preceding provisions on joinder of charges, especially Section 241 BNSS, which states the general rule of separate charges for distinct offences.
Category (a): Same Offence in the Same Transaction
Persons accused of committing the same offence in the course of the same transaction may be charged and tried together. The connecting factor is both the identity of the offence and its occurrence as part of the same transaction.
Category (b): Principal Offender, Abettor and Attempt
A person accused of committing an offence may be tried jointly with another person accused of abetting that offence or attempting to commit it. This recognises the close legal and factual connection between principal liability, abetment and attempt.
Category (c): Same-Kind Offences Within Twelve Months
Persons accused of more than one offence of the same kind may be jointly tried where the offences were committed jointly within twelve months and fall within the meaning of Section 242 BNSS.
Section 242 defines when offences are of the same kind and permits specified offences of that kind committed within a twelve-month period to be joined.
Category (d): Different Offences in the Same Transaction
Persons accused of different offences may still be tried together if those offences were committed in the course of the same transaction. The provision therefore permits joinder even where the legal offences differ, provided the factual transaction connects them.
Category (e): Property Offence and Connected Handling of Property
Section 246(e) permits joint trial of persons accused of offences involving theft, extortion, cheating or criminal misappropriation with persons accused of receiving, retaining, disposing of or concealing property allegedly transferred by that offence. It also includes abetment of or attempt to commit the connected receiving, retaining, disposal or concealment offence.
Category (f): Stolen Property under Section 317 BNS
Persons accused of offences under sub-sections (2) and (5) of Section 317 of the Bharatiya Nyaya Sanhita, 2023, or either of them, may be jointly tried where the accusations concern stolen property whose possession was transferred by one offence.
Category (g): Counterfeit Coin Offences
Persons accused of an offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin may be tried jointly with persons accused of another offence under that Chapter relating to the same coin, including abetment or attempt.
The Proviso: Joint Trial by Written Request
The proviso is important because it allows a joint trial even where the accused persons do not fall within any of the seven listed categories. Three safeguards must be satisfied:
- the persons must make an application in writing requesting a joint trial;
- the Magistrate or Court of Session must be satisfied that none of them will be prejudicially affected; and
- the court must consider a joint trial expedient.
The proviso therefore does not create an automatic right to a joint trial. The court must independently examine prejudice and expediency before allowing it.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 246 BNSS corresponds to Section 223 of the Code of Criminal Procedure, 1973. The overall structure remains substantially the same, while references to the Indian Penal Code, 1860 and the former CrPC numbering have been updated to the Bharatiya Nyaya Sanhita, 2023 and BNSS.
Relationship with Other BNSS Joinder Provisions
- Section 241 BNSS - separate charges for distinct offences.
- Section 242 BNSS - offences of the same kind within a year may be charged together.
- Section 243 BNSS - trial for more than one offence.
- Section 244 BNSS - doubtful offence and alternative charges.
- Section 245 BNSS - offence proved included in offence charged.
- Section 247 BNSS - withdrawal of remaining charges on conviction on one of several charges.
Frequently Asked Questions
Can people accused of different offences be tried together?
Yes. Section 246(d) permits a joint trial where the different offences were committed in the course of the same transaction.
Can an alleged offender and an alleged abettor be jointly tried?
Yes. Section 246(b) expressly permits persons accused of the principal offence to be tried with persons accused of abetment or attempt.
Can persons outside the listed categories ask for a joint trial?
Yes. They may apply in writing, but the court must also be satisfied that no prejudice will result and that a joint trial is expedient.
What is the corresponding CrPC provision?
The corresponding provision is Section 223 CrPC, 1973.
BNSS Commencement
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the relevant First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
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