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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVIII: The Charge

Section 246 BNSS: What persons may be charged jointly

Corresponding CrPC
Section 223 CrPC

Bare Act text

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.

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

Lists the persons who may be charged and tried together. They include persons accused of the same offence in the same transaction, offences and their abetment or attempt, offences of the same kind within twelve months committed jointly, and different offences in the same transaction.

Chapter XVIII: The Charge

  1. 234 Contents of charge
  2. 235 Particulars as to time, place and person
  3. 236 When manner of committing offence must be stated
  4. 237 Words in charge taken in sense of law under which offence is punishable
  5. 238 Effect of errors
  6. 239 Court may alter charge
  7. 240 Recall of witnesses when charge altered
  8. 241 Separate charges for distinct offences
  9. 242 Offences of same kind within year may be charged together
  10. 243 Trial for more than one offence
  11. 244 Where it is doubtful what offence has been committed
  12. 245 When offence proved included in offence charged
  13. 246 What persons may be charged jointly
  14. 247 Withdrawal of remaining charges on conviction on one of several charges