The following persons may be charged and tried together, namely:— (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence; (f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence; (g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
Bharatiya Nagarik Suraksha Sanhita
Section 246
What persons may be charged jointly
⚡ Quick Answer Reference: Section 246 BNSS
- Provision: Section 246 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: This section explains which persons can be charged and tried together in court, including those accused of the same offence, abetment, or attempt to commit an offence.
What does Section 246 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 246 of BNSS mean?
Plain English Explanation
This section explains which persons can be charged and tried together in court, including those accused of the same offence, abetment, or attempt to commit an offence.
Practical Interpretation
In practice, this section allows for the joint trial of individuals accused of related crimes, streamlining the legal process and reducing the need for multiple trials.
Core Legal Purpose
The core purpose of this section is to provide a framework for joint trials, ensuring efficiency and consistency in the administration of justice.
- •The accused must be charged with the same offence or related offences.
- •The offences must have been committed in the course of the same transaction or within a specified time period.
- •The court must be satisfied that a joint trial will not prejudice any of the accused.
- •The provision includes exceptions and limitations, such as the requirement for a written application and the court's discretion to try persons together.
Practical Example of Section 246 BNSS
For example, if Rajesh and Priya are accused of theft and Amit is accused of receiving stolen property, they can be charged and tried together under this section, as their offences are related and were committed in the course of the same transaction.
Frequently Asked Questions about Section 246 BNSS
Q: What is the punishment or consequence under Section 246 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to all persons who can be charged with an offence under the Bharatiya Nagarik Suraksha Sanhita, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether an offence is bailable or cognizable, as it is a procedural provision related to joint trials.
Common Questions about Section 246 BNSS
What is Section 246 of BNSS?
Section 246 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "What persons may be charged jointly". In plain terms: This section explains which persons can be charged and tried together in court, including those accused of the same offence, abetment, or attempt to commit an offence.
What is the punishment under Section 246 of BNSS?
Section 246 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 246 of BNSS bailable or non-bailable?
Whether Section 246 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 246 of BNSS?
The essential elements of Section 246 of BNSS are: The accused must be charged with the same offence or related offences.; The offences must have been committed in the course of the same transaction or within a specified time period.; The court must be satisfied that a joint trial will not prejudice any of the accused..
Landmark Judgments under Section 246 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 246
Ask Nyaya AI About Section 246
Select a pre-configured prompt to run this section through the grounded research engine.