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CHAPTER XVIII THE CHARGE · B.—Joinder of charges

Section 241: Separate charges for distinct offences

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246.

Illustration.

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 6 of our papers cite Section 241. Try these from the free papers:

  1. 1. A is accused of a theft committed on one occasion and of causing grievous hurt on another occasion. Under Section 241 of the BNSS, he must ordinarily be separately charged and separately tried for each. When may the Magistrate try the two charges together?

Practise questions on Bharatiya Nagarik Suraksha Sanhita