Code of Criminal Procedure, 1973
Section 218. Separate charges for distinct offences
(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.
Illustration A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Text: IndiaCode Portal (Chandigarh copy). Open on India Code Check against the official text before relying on it.
Replaced by
The Bharatiya Nagarik Suraksha Sanhita, 2023, Section 241. Separate charges for distinct offences.
(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246.
Illustration.
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
Pair from: BPR&D correspondence tables (bprd.mha.gov.in; A. K. Yadav, CAPT Bhopal)
Cases citing this section
Cited in 72 documents
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