Section 242 of BNSS, 2023 — Offences of Same Kind Within Year May Be Charged Together

Introduction

Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an exception to the general rule of separate charges for distinct offences.

It allows a person who is accused of several offences of the same kind, committed within a period of twelve months from the first to the last offence, to be charged with and tried at one trial for up to five such offences.

The provision is intended to avoid unnecessary multiplicity of trials where several similar offences have been committed within a relatively short period.

Meaning of Section 242

The general rule under Section 241 is that every distinct offence should ordinarily be separately charged and tried.

Section 242 creates an exception.

Where a person is accused of several offences of the same kind, and the offences were committed within twelve months from the first to the last offence, the person may be:

• charged with all such offences together; and
• tried for them at one trial.

However, the number of offences that can be joined under this provision is limited to five.

Essential Conditions

For Section 242 to apply, the following conditions must be satisfied:

1. Offences Must Be of the Same Kind

The offences must be offences of the same kind.

Offences are treated as being of the same kind when they are punishable with the same amount of punishment under the same section of the same law.

Certain offences may also be treated as offences of the same kind where they are punishable under the same section or under different sections of the same law, subject to the statutory rule concerning the punishment prescribed.

2. Offences Must Be Committed Within Twelve Months

The offences must have been committed within a period of twelve months from the first to the last of such offences.

The period is therefore calculated between the date of the earliest offence and the date of the latest offence.

3. Maximum of Five Offences

Not more than five offences of the same kind can be charged and tried together under this provision.

Object and Purpose

The main objectives of Section 242 are:

• To avoid unnecessary multiplicity of trials.
• To save judicial time.
• To reduce procedural duplication.
• To allow similar offences committed within a limited period to be dealt with together.
• To make criminal proceedings more efficient while maintaining fairness.

Example

Suppose A commits five offences of the same kind:

• 10 January
• 20 March
• 15 May
• 1 August
• 10 December

If the offences satisfy the statutory requirements for being offences of the same kind and all five fall within twelve months from the first to the last offence, they may be charged and tried together under Section 242.

Example Where the Rule Does Not Apply

Suppose A is accused of six separate offences of the same kind committed within twelve months.

Section 242 permits a maximum of five such offences to be charged and tried together under this provision.

The sixth offence cannot be joined under Section 242 merely because it is also of the same kind.

Relationship with Section 241

Section 241 establishes the general rule that distinct offences should ordinarily be separately charged and tried.

Section 242 creates a specific exception for certain offences of the same kind.

Therefore:

Section 241 → Separate charges are the general rule

Section 242 → Up to five offences of the same kind within twelve months may be joined

Relationship with Section 243

Section 243 provides another exception to the general rule by permitting certain offences to be charged and tried together when they arise from the same transaction.

Thus, the basis of joinder is different:

• Section 242 → Same kind of offences + twelve-month period
• Section 243 → Offences arising from the same transaction

Importance of the Twelve-Month Requirement

The twelve-month requirement prevents the provision from being used to combine unrelated offences committed over an excessively long period.

The provision is intended for a limited series of similar offences occurring within a defined period.

The period is measured from the first offence to the last offence.

Importance of the Five-Offence Limit

The maximum of five offences provides a statutory limit on the number of similar offences that may be joined under Section 242.

This maintains a balance between:

• avoiding unnecessary separate trials; and
• ensuring that the trial does not become excessively complicated by combining too many allegations.

BNSS and CrPC

Section 242 of the BNSS corresponds to Section 219 of the Code of Criminal Procedure, 1973.

The underlying principle remains substantially the same: offences of the same kind committed within twelve months may, subject to the statutory limit, be charged and tried together.

The maximum number remains three under the corresponding CrPC provision, whereas Section 242 of the BNSS permits up to five offences to be joined.

Common Confusions

Can any five offences be charged together under Section 242?

No.

They must be offences of the same kind and must satisfy the twelve-month requirement.

Can more than five offences be joined under Section 242?

No.

The provision permits a maximum of five offences under this rule.

Is the twelve-month period counted separately for every offence?

No.

The relevant period is from the first to the last of the offences sought to be joined.

Does Section 242 apply to offences of completely different kinds?

No.

The offences must satisfy the statutory requirement of being offences of the same kind.

Does Section 242 make separate trials compulsory?

No.

It permits the offences to be charged and tried together when the statutory conditions are satisfied.

Topic at a Glance

• BNSS Section: 242
• Subject: Offences of same kind may be charged together
• General rule: Separate charges under Section 241
• Exception: Similar offences may be joined
• Time limit: Twelve months from the first to the last offence
• Maximum offences: Five
• Key requirement: Offences must be of the same kind
• Related provision: Section 241
• Related provision: Section 243
• Corresponding CrPC provision: Section 219
• Nature: Exception to separate-charge rule

Quick Revision

• Section 242 permits certain offences of the same kind to be charged and tried together.
• The offences must have been committed within twelve months from the first to the last offence.
• A maximum of five offences can be joined under this provision.
• The provision is an exception to the general rule under Section 241.
• It helps prevent unnecessary multiplicity of trials.
• Section 243 deals with joinder of offences arising from the same transaction.
• Section 242 BNSS corresponds to Section 219 CrPC.
• The BNSS increases the maximum number of offences that may be joined under this provision from three to five.

ASLO READ: Section 241 – Separate charges for distinct offences

Conclusion

Section 242 of the BNSS permits up to five offences of the same kind, committed within twelve months from the first to the last offence, to be charged and tried together. It provides a practical exception to the general rule of separate charges under Section 241 and promotes efficiency by avoiding multiple trials for closely connected similar offences.