Section 204 of BNSS, 2023 — Place of Trial for Offences Triable Together

Introduction

Section 204 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special rule regarding the territorial jurisdiction of a Court where multiple offences or offences committed by several persons can legally be charged and tried together.

The provision links the rules relating to joinder of charges and joint trials with territorial jurisdiction. Where offences can be tried together under the relevant provisions of BNSS, Section 204 permits them to be inquired into or tried by any Court competent to inquire into or try any one of those offences.

Statutory Basis

Section 204 of BNSS provides two situations in which offences may be tried by the same Court:

1. Where offences committed by one person can be charged and tried together under Sections 242, 243 or 244 of BNSS.
2. Where offences committed by several persons can be charged and tried together under Section 246 of BNSS.

In either situation, the offences may be inquired into or tried by any Court competent to inquire into or try any one of the offences.

Meaning of Section 204

Section 204 operates when several offences are legally capable of being tried together.

The section does not itself determine whether offences can be joined in a single trial. That question is determined by the provisions specifically referred to in Section 204.

Once those provisions permit a joint trial, Section 204 determines the territorial jurisdiction by allowing the offences to be tried by any Court competent to inquire into or try any one of them.

Object and Purpose

The purpose of Section 204 is to avoid the inconvenience of conducting separate proceedings in different Courts when the BNSS already permits the relevant offences or accused persons to be tried together.

It therefore connects two procedural principles:

• joinder of charges or accused, and
• territorial jurisdiction.

The provision promotes procedural convenience while ensuring that the trial is conducted before a Court that has lawful jurisdiction over at least one of the offences.

Essential Elements

1. Offences Must Be Triable Together

Section 204 applies only where the offences satisfy the statutory requirements for being charged and tried together.

The provision does not independently authorise the joinder of unrelated offences.

2. Offences Committed by One Person

Under Section 204(a), the provision applies where offences committed by one person are such that the person may be charged with and tried at one trial for each offence under:

• Section 242;
• Section 243; or
• Section 244 of BNSS.

These provisions deal with circumstances in which multiple offences may be joined in a single trial.

3. Offences Committed by Several Persons

Section 204(b) applies where offences committed by several persons may be charged and tried together under Section 246 of BNSS.

Section 246 identifies circumstances in which multiple persons may be jointly charged and tried, including persons accused of offences arising from the same transaction and certain related offences.

4. Competence of the Court

Once the requirements for a joint trial are satisfied, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

The Court must therefore possess legal competence over at least one of the offences involved.

Section 204(a): Offences Committed by One Person

Section 204(a) applies where the same person has committed multiple offences that can legally be tried together.

The relevant provisions are Sections 242, 243 and 244.

For example, where a person commits multiple offences of the same kind within the statutory period and they are capable of being joined under Section 242, Section 204 provides the territorial rule for conducting the joint trial.

Similarly, where the circumstances fall within Sections 243 or 244, Section 204 permits the offences to be tried by a Court competent to try any one of them.

Section 204(b): Offences Committed by Several Persons

Section 204(b) applies where several persons have committed offences that can legally be tried together under Section 246.

Section 246 permits joint trials in specified circumstances, including:

• persons accused of the same offence committed in the course of the same transaction;
• persons accused of an offence and its abetment or attempt;
• persons accused of different offences committed in the course of the same transaction;
• certain persons connected with offences involving stolen property; and
• other categories specifically recognised by the provision.

Once such persons can legally be tried together, Section 204 allows the offences to be tried by any Court competent to inquire into or try any one of those offences.

Procedure

The operation of Section 204 can be understood in the following steps:

1. Identify the offences involved.
2. Determine whether the offences can legally be charged and tried together under Sections 242, 243 or 244, where they involve the same person.
3. Where several accused persons are involved, determine whether they can be charged and tried together under Section 246.
4. Identify the Courts having territorial and subject-matter competence over the offences.
5. Any Court competent to inquire into or try any one of the offences may inquire into or try the offences together.

Section 204 therefore operates only after the legal possibility of a joint trial has been established.

Examples

Example 1: Multiple Offences by One Person

A person commits two offences that can legally be charged and tried together under Section 242.

One offence falls within the territorial jurisdiction of Court A, while another falls within the territorial jurisdiction of Court B.

If Court A is competent to inquire into or try one of the offences, Section 204 permits the offences to be inquired into or tried together before Court A, subject to the other requirements of law.

Example 2: Several Accused Persons

A and B are accused of different offences committed during the same transaction and fall within the circumstances permitting a joint trial under Section 246.

If Court A is competent to inquire into or try one of those offences, Section 204 permits the offences to be inquired into or tried together before that competent Court.

Important Distinctions

Section 204 and Joinder of Charges

Section 204 does not independently create the rules for joinder of charges.

The provisions referred to in Section 204 determine whether multiple offences can be charged and tried together. Section 204 primarily determines the Court in which such jointly triable offences may be tried.

Section 204 and Joint Trial of Several Persons

Section 204(a) concerns offences committed by one person that can be tried together.

Section 204(b) concerns offences committed by several persons that can be tried together under Section 246.

Territorial Jurisdiction and Competence to Try an Offence

Section 204 permits trial by a Court competent to inquire into or try any one of the offences.

This does not mean that every Court can try every offence. The Court must have legal competence over at least one offence involved in the joint trial.

Section 204 and Section 203

Section 203 provides a special territorial rule for an offence committed during a journey or voyage.

Section 204 deals with the territorial jurisdiction applicable when multiple offences or accused persons are legally capable of being tried together.

The two provisions therefore address different jurisdictional situations.

BNSS and CrPC

Section 204 of BNSS broadly corresponds to Section 184 of the Code of Criminal Procedure, 1973.

The basic rule has been retained. Under the CrPC, where offences could be charged and tried together under the relevant joinder provisions, they could be inquired into or tried by any Court competent to inquire into or try any of the offences.

The principal change under BNSS is the renumbering and corresponding renumbering of the provisions governing joinder of charges and joint trials.

Under BNSS:

• Section 204 deals with the place of trial for offences triable together.
• Sections 242, 243 and 244 contain the relevant provisions concerning joinder of offences.
• Section 246 deals with persons who may be charged jointly.

Thus, the underlying principle remains substantially continuous with the CrPC framework.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) determines the substantive offences for which a person may be prosecuted.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedural framework governing how those offences are investigated, charged and tried.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence applicable during the trial.

Section 204 is specifically concerned with the place of trial where the offences are capable of being tried together.

Important BNSS Provisions

• Section 197: Ordinary place of inquiry and trial.
• Section 198: Place of inquiry or trial.
• Section 199: Offence triable where act is done or consequence ensues.
• Section 200: Place of trial where act is an offence by reason of relation to other offence.
• Section 201: Place of trial in case of certain offences.
• Section 202: Offences committed by means of electronic communications, letters, etc.
• Section 203: Offence committed on journey or voyage.
• Section 204: Place of trial for offences triable together.
• Section 205: Power to order cases to be tried in different sessions divisions.
• Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
• Section 242: Offences of same kind within year may be charged together.
• Section 243: Trial for more than one offence.
• Section 244: Where it is doubtful what offence has been committed.
• Section 246: What persons may be charged jointly.

Common Confusions

Does Section 204 itself permit any unrelated offences to be tried together?

No.

The offences must first satisfy the statutory requirements for joinder and joint trial under the provisions referred to in Section 204.

Does Section 204 apply only when there is one accused?

No.

Section 204 covers both offences committed by one person and offences committed by several persons that are legally capable of being tried together.

Does Section 204 mean that the Court must try all offences together?

The provision permits the offences to be inquired into or tried by a competent Court when the statutory conditions for joint trial are satisfied. The provision itself does not independently create the substantive conditions for joinder.

Does the Court need jurisdiction over every offence separately?

Section 204 permits the offences to be inquired into or tried by any Court competent to inquire into or try any one of the offences, subject to the statutory conditions governing joint trial.

Quick Revision

• Section 204 BNSS deals with the place of trial for offences triable together.
• It applies where multiple offences or accused persons can legally be tried together.
• Section 204(a) concerns offences committed by one person.
• Section 204(a) refers to Sections 242, 243 and 244 BNSS.
• Section 204(b) concerns offences committed by several persons.
• Section 204(b) refers to Section 246 BNSS.
• The offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.
• Section 204 does not itself determine whether offences can be joined.
• It broadly corresponds to Section 184 CrPC, 1973.
• The provision connects the rules of territorial jurisdiction with the rules governing joinder of charges and joint trials.

ALSO READ: Section 203 – Offence committed on journey or voyage

Conclusion

Section 204 of the BNSS facilitates a single criminal proceeding where multiple offences or multiple accused persons are legally capable of being tried together. Instead of requiring separate proceedings merely because the offences may have different territorial connections, the provision permits the offences to be tried before any Court competent to inquire into or try any one of them. The provision therefore promotes procedural efficiency while remaining subject to the statutory rules governing joinder of charges and joint trials.