Concept of Joinder of Charges
Provisions related with joinder of charges has been given under section 218 – 224 of The Criminal Procedure Code 1973.
Section 218 provides general rule that for every distinct offence, there shall be a separate charge and every such charge shall be tried separate separately.
according to this rule if A commits the offence of theft and grievous hurt which are made punishable under section 379 and 323 respectively.
In this example for the offence of theft and grievous hurt there shall be a separate charge and every such charge shall be tried separately.
Object of the general rule
The main purpose behind the general rule of joinder of charges are to save the accused from harassment and to make the accused able for his defence.
Exception of joinder of charges
Proviso of Section 218 and Section 218 (2) provides an exception to the general rule of joinder of charges. According to these provisions following are the exception of the general rule of joinder of charges.
- provision of section 218 class 1
- Section 219
- Section 220
- Section 221(1)
At the desire of accused
According to to proviso to Section 218 (1) where the accused person by an application in writing, so desire and the magistrate is of opinion that such person is not likely to be reduced thereby, the Magistrate may try together all or any number of the charges framed against such person.
Where the accused has committed three offence of the same kind within a year.
according to Section 219 class 1 where the accused has committed 3 offence of the same kind within a year then in such case he shall be charged for all the offences in one charge and shall be tried for all charge at one trial.
Meaning of ‘offence of the same kind’
According to Section 219 (2) offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code 1860 or any of the special or local law.
Deemed offence of the same kind
according to provision of section 219 class 2 the purpose of this section following offences will be deemed as offence –
- Section 379 and 380
- An attempt to commit an offence when the attempt is punishable.
Exceptions mentioned under section 220.
section 220 embodied the following four exceptions which can be explained as follow.
Where more than one offence committed in the course of transaction.
According to Section 220 (1) if the accused has committed more than one offence and offences are so connected as to form the same transaction then he may be charged with and tried at one trial for every such offence.
Where accused has been charged with criminal breach of trust, or dishonest misappropriation of property or falsification of accounts.
According to Section 220(2) When a person charged with one or more offences of criminal breach of trust, dishonest mis-appropriation of property or falsification of accounts (subject to Section (212(2) and Section 219(2) ), he may be charged with and tried at one trial for each of such offence.
Where the same act falling under different definition of offences
According to section 220(3) if the act alleged constitute an offence falling within two or more separate definitions of any law, the person accused of them may be charged with, and tried at one trial.
Where several acts constitute an offence, and when combined constitute a different offence.
According to Section 220(4) where several acts by itself or themselves constitute an offence and when all acts combined constitute a different offence, the person accused may be charged with and tried at one trial.
Where it is doubtful what offence has been committed.
According to Section 221(1) where act in question is of such a nature by which a doubt is arose that what offence has been committed by the accused. Then in such cases –
- Accused may be charged with having committed all of such offence. Or
- He may be charged with having committed any of such offences. Or
- He may be charged in alternative having charged with any of the said offence.
Can accused be convicted for offence not charged with earlier.
The general is that framing of charge is necessary for the conviction of the accused. If there is no charge there shall be no conviction.
Exception to above
Section 221(2) and 222 of the Code of Criminal Procedure 1973 are exceptions to the above general rule.
According to the these sections in following situations accused may be convicted for an offence for which he was not charged earlier.
Where it is doubtful what offence has been committed by the accused.
According to section 221(2) where it is doubtful what offence has been committed by the accused then in such cases where accused is charged with an offence and subsequently it appears by evidence that he has committed any other offence for which he might have been charged under section 221(1) then in such a situation court may convict the accused for such offence which he was not charged with.
When offence proved included in offence charged.
According to Section 222 (1) when a person is charged with an offence consisting of several particulars and a combination of some only of which constitutes a complete minor offence and such combination is proved but the remaining particulars are not proved then in such case accused may be convicted of the minor offence for which he was not charged with it.
Where accused pleads defence
According to Section 222 (2) where the accused defence in respect of any offence for which he was charged and such defence converts the major offence into a minor offence then accused may be convicted for such minor offence although he was not charged for such minor defence.
Attempt to commit offence
According to Section 222(3) when a person is charged with an offence, he may be convicted of an attempt to commit such offence although attempt is not separately charged.