JOINDER OF CHARGES

JOINDER OF CHARGES

• Ä  What persons may be charged jointly? Discuss in detail.
• Ä  What are necessary elements of charge? How it is framed whether separate charge should be framed for every distinct offence?
• Ä  Explain the term joinder of charge? Enumerate the provisions contained in Cr.P.C.
• Ä  What is meant by joinder of charges? Discuss in detail the law on the subject.

INTRODUCTION

RELEVANT PROVISIONS

Section 234, 235, 236 and 239

SEPARATE CHARGES FOR DISTINCT OFFENCES UNDER SECTION 233

For every distinct offence of which any person is accused, there shall be a separate charge and such charge shall be tried separately.

JOINDER OF CHARGES--- EXCEPTIONS TO THE RULE MENTIONED IN SECTION 233

Following are the exceptions to the rule mentioned in section 233

I-                    MORE THAN ONE OFFENCES OF SAME KIND WITHIN A YEAR MAY BE CHARGED TOGETHER UNDER SECTION 234

II-                  TRIAL FOR MORE THAN ONE OFFENCES UNDER SECTION 235

III-                OFFENCES FALLING WITHIN TWO DEFINITIONS UNDER SECTION 235

IV-               ACTS CONSTITUTING ONE OFFENCE BUT CONSTITUTES A DIFFERENT OFFENCE WHEN COMBINED

V-                 OFFENCE FOR WHICH A PERSON MIGHT HAVE BEEN CHARGED UNDER SECTION 236

VI-               WHAT PERSONS MAY BE CHARGED JOINTLY UNDER SECTION 239

Following persons may be charged jointly

i)                    Persons accused of the same offence committed in the course of same transaction.

ii)                   Persons accused of an offence and persons accused of any abetment or an attempt to commit it.

iii)                 Persons accused of more than one offences of the same kind committed jointly within a year.

iv)                 Persons accused of different offences committed in the course of same transaction.

v)                  Persons accused of theft, extortion or criminal misappropriation and persons accused of receiving or retaining or assisting in the disposal or concealment of the property obtained in the commission of these offences.

vi)                 Persons accused of an offence under chapter XII P.P.C relating to counterfeit coin and person accused of any other offence relating to the same coin, or of abetment or attempt to commit such offence.

CONCLUSION: