Separate charges for distinct offences Three offences of same kind within year may be charged together are defined under Section 218 and 219 of CRPC 1973. Provisions under this section is:
Section 218 of CRPC " 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.
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.
Section 219 of CRPC "Three offences of same kind within year may be charged together"
(1) When a person is accused of more offences
than one of the same kind committed within the space
of twelve months from the first to the last of such
offences, whether in respect of the same person or
not, he may be charged with, and tried at one trial
for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law:
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code(45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code,(45 of 1860) and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
CHARGE - FORM OF CHARGES
Words in charge taken in sense of law under which offence is punishable, What are the Effect of errors, What is the meaning of Court may alter charge? What is Recall of witnesses when charge altered? Section 214, 215, 216 and 217 of Code of Criminal Procedure 1973
JOINDER OF CHARGES