Section 246 of BNSS, 2023 — What Persons May Be Charged Jointly

Introduction

Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with jointly charging and trying multiple persons in a criminal case.

The general principle is that persons accused of different offences may be charged and tried together when their involvement is sufficiently connected under the circumstances specified by law.

The provision is intended to avoid unnecessary separate trials where the accusations against different accused persons are connected.

Meaning of Section 246

Section 246 identifies the circumstances in which two or more persons may be charged and tried together.

Joint trial is permitted where the accused persons fall within the categories specified in the provision, such as persons accused of:

• the same offence committed in the course of the same transaction;
• different offences committed in the course of the same transaction;
• persons accused of an offence and persons accused of abetment or attempt to commit that offence;
• persons accused of offences falling within the relevant provisions concerning joint liability and connected criminal acts.

The basic idea is that where the accusations against different persons are sufficiently connected, they may be dealt with in one trial.

Object and Purpose

The main objectives of Section 246 are:

• To avoid unnecessary multiplicity of criminal trials.
• To prevent repeated examination of the same witnesses.
• To enable the Court to consider connected allegations together.
• To avoid inconsistent findings in separate proceedings.
• To save judicial time and resources.
• To ensure that persons involved in the same criminal transaction can be tried together where appropriate.

Circumstances in Which Persons May Be Charged Jointly

1. Persons Accused of the Same Offence

Persons accused of the same offence committed in the course of the same transaction may be charged and tried together.

Example:
A and B are accused of jointly committing robbery against C. Since the allegation concerns the same offence and the same transaction, A and B may be tried together.

2. Persons Accused of Different Offences in the Same Transaction

Persons may also be jointly charged where they are accused of different offences committed in the course of the same transaction.

The offences need not necessarily be identical, provided the required connection with the same transaction exists.

3. Persons Accused of an Offence and Its Abetment or Attempt

A person accused of committing an offence and another person accused of abetting or attempting to commit that offence may be charged and tried together.

This allows the Court to examine the principal offence and the connected allegations of abetment or attempt in one proceeding.

4. Persons Accused of Offences Arising from Connected Criminal Conduct

Where the law treats the conduct of several persons as sufficiently connected for joint consideration, those persons may be charged and tried together in accordance with the statutory requirements.

Importance of “Same Transaction”

The concept of the same transaction is important when determining whether multiple accused persons can be tried together.

The Court may consider factors such as:

• proximity of time;
• proximity of place;
• continuity of action;
• common purpose;
• relationship between the acts; and
• overall connection between the allegations.

The existence of a common transaction helps justify a joint trial because the evidence against the accused persons may substantially overlap.

Example

Suppose A attacks B, C assists A in carrying out the attack, and D attempts to conceal the weapon immediately afterwards as part of the same connected criminal episode.

Depending on the offences alleged and the applicable statutory requirements, the persons involved may be capable of being charged and tried together where their acts form part of the same transaction.

Joint Trial Does Not Mean Joint Guilt

A joint trial does not mean that every accused person is automatically treated as equally responsible.

Each accused person’s:

• individual role;
• intention;
• conduct;
• participation; and
• legal liability

must be independently determined by the Court.

The Court must decide the guilt or innocence of each accused on the basis of the evidence applicable to that person.

Protection Against Prejudice

Although Section 246 permits joint trials, the Court must ensure that the procedure does not cause unfair prejudice to any accused.

The accused must be given:

• proper notice of the allegations;
• an opportunity to cross-examine witnesses;
• an opportunity to present a defence; and
• a fair opportunity to challenge the evidence.

Relationship with Section 241

Section 241 lays down the general rule concerning separate charges for distinct offences.

Section 246 provides circumstances in which multiple persons may be charged jointly.

Therefore:

Section 241 → General rule regarding separate charges

Section 246 → Circumstances permitting joint charges against multiple persons

Relationship with Section 243

Section 243 deals with trial for more than one offence, particularly offences arising from the same transaction.

Section 246 deals specifically with persons who may be jointly charged and tried.

Thus:

Section 243 → Multiple offences

Section 246 → Multiple accused persons

BNSS and CrPC

Section 246 of the BNSS corresponds to Section 223 of the Code of Criminal Procedure, 1973.

The provision continues the principle that persons connected with the same offence, transaction, abetment, attempt, or other legally connected criminal conduct may, in appropriate circumstances, be charged and tried together.

Common Confusions

Does joint charging mean all accused must have committed the same offence?

No.

Persons accused of different but connected offences may also be jointly charged where the statutory requirements are satisfied.

Can a person accused of abetment be tried with the principal offender?

Yes, where the requirements for joint trial are satisfied.

Does a joint trial mean the Court must convict all accused together?

No.

Each accused is individually assessed on the evidence and may be convicted or acquitted independently.

Is a joint trial always compulsory?

No.

The provision permits joint charging and trial in specified circumstances. The Court must also ensure that the arrangement does not cause prejudice or undermine a fair trial.

Topic at a Glance

• BNSS Section: 246
• Subject: What persons may be charged jointly
• Main principle: Connected accused persons may be tried together
• Important connection: Same offence, same transaction, abetment or attempt, and other legally connected conduct
• Purpose: Avoid multiple trials and inconsistent findings
• Related provision: Section 241
• Related provision: Section 243
• Corresponding CrPC provision: Section 223
• Nature: Provision relating to joint trial

Quick Revision

• Section 246 deals with persons who may be charged jointly.
• Persons accused of the same offence in the same transaction may be tried together.
• Persons accused of different offences in the same transaction may also be jointly tried where the statutory conditions are satisfied.
• A person accused of an offence may be tried with a person accused of its abetment or attempt.
• Joint trial does not mean joint or automatic guilt.
• Each accused person’s liability must be determined independently.
• The Court must prevent prejudice to the accused.
• Section 246 BNSS corresponds to Section 223 CrPC.

ALSO READ: Section 245 – When offence proved included in offence charged

Conclusion

Section 246 of the BNSS facilitates the joint trial of persons whose alleged criminal conduct is sufficiently connected. By allowing connected accused persons to be dealt with in a single proceeding, the provision reduces duplication and promotes efficient administration of criminal justice, while preserving the individual right of each accused to a fair trial.