Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVIII: The Charge

Section 241 BNSS: Separate charges for distinct offences

Corresponding CrPC: Section 218 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires a separate charge, tried separately, for every distinct offence. On the accused's written application, and if the Magistrate thinks he will not be prejudiced, the Magistrate may try all or any number of the charges together. Sections 242, 243, 244 and 246 are unaffected.