Section 246: What persons may be charged jointly
Section 246 of the Bhartiya Nagarik Suraksha Sanhita, 2023 lays down the law regarding the simultaneous charging of many persons together within one criminal proceeding. This measure shall consequently enhance judicial efficiency as related charges held to stem from a common event or set of related actions can be brought together in one trial, thus saving judicial time. It ensures that all parties involved in a criminal enterprise or transaction are adjudicated together, thus fostering a more cohesive and efficient judicial process.
It allows people charged of the same offence in the course of a single transaction to be charged together. This provision is necessary to ensure that people involved in committing a given offense arising out of a connected set of actions or events are tried together. For example, if multiple individuals jointly commit an offence like theft during the same incident, they may be charged and tried together in a single proceeding.
-it extends the scope of joint charges to include individuals who are accused of abetting or attempting to commit the same offence.
This includes situations where a person aids or abets the other to commit an offense, or where a person even attempts to commit an offense but fails to do so.
It states that persons charged with multiple offenses of the same kind committed within a twelve-month period may be charged together.
This is especially applicable when several similar offenses are committed by the same individuals in a series of related events over a short period.
It allows for the trial of persons who have committed different offenses in the same transaction. The section is normally applicable in complicated criminal cases whereby a variety of crimes are interlinked with each other.
It deals with joint charges where a person is charged with an offense like theft, extortion, cheating, or criminal misappropriation, and those who are accused of receiving or concealing the property so obtained. This section deals with the entire criminal conspiracy, so all those people involved in different stages of a crime, from commission to concealment, are tried together.
It provides for the trial of persons charged under specific sub-sections of Section 317, which deals with offences relating to stolen goods. Persons involved in the illegal possession, sale, or dealing with stolen goods can be tried together if their acts are interlinked.
It addresses offences related to counterfeit coins. Individuals who are accused of creating, circulating, or abetting counterfeit coin offences may be charged and tried jointly. This includes individuals who attempt or assist in such crimes.
