Section 242: Offences of same kind within air may be charged together

Section 242: Offences of same kind within air may be charged together

Section 242 of the Bharatiya Nagarik Suraksha Sanhita 2023 defines how several offences of the same kind committed by the same person within the same time can be tried. This provision aims to make the judicial process more effective by allowing all connected charges to be tried together in a single trial, which helps in simplifying the process of law.

A person accused of having committed more than one offence of the same kind, within a period of twelve months, may be charged and tried together in one trial. But the number of offences to be tried together is limited to five at the maximum. This provision provides for the handling of cases efficiently when a person commits similar offences within a short period of time.

For the purposes of this section, offences are considered to be of the same kind if they are cognizable under the same legal provision of the Bharatiya Nyaya Sanhita, 2023, or under any applicable special or local law.

Moreover, these offences must attract the same type or degree of punishment. This is so that offenses which are basically similar in essence can be tried together.

Section 242 also refers to particular prescriptions given to offenses interrelated in content, like cases with Section 303 (Murder) as well as for any instances of Section 305. Culpable homicide not amounting to Murder. Lastly, any crimes committed in endeavoring to effect these offenses likewise fall under such similar offenses given by this Section.