CrPC Section 223
Criminal Procedure Code (CrPC) – Section 223: What Persons May Be Charged Jointly
Section 223 of the Criminal Procedure Code (CrPC) deals with the joint trial of two or more persons in the same proceeding when they are accused of committing offences that are connected to each other. This provision enables the court to try multiple accused together when the facts of the case are linked.
Purpose:
The main objective of Section 223 is to allow the judicial system to conduct efficient and consolidated trials by trying persons together when their acts form part of the same transaction or are so closely connected that separate trials would be unnecessary and time-consuming.
Key Provisions of Section 223:
According to this section, the following persons may be charged and tried together:
Persons accused of the same offence committed in the course of the same transaction.
Persons accused of an offence and persons accused of abetment or attempt to commit that offence.
Persons accused of more than one offence of the same kind, committed jointly within twelve months.
Persons accused of different offences committed in the course of the same transaction.
Persons accused of offences such that they could be charged under Section 219 (three offences of same kind within a year).
Persons accused of offences under Sections 411 (dishonestly receiving stolen property) and 414 (assisting in concealment of stolen property) of the IPC, related to the same stolen item.
Persons accused of offences involving counterfeit coins under Chapter XII of the IPC, such as making, possessing, or circulating counterfeit coins.
With Consent of Accused:
Persons not covered under the above categories can also be tried together if they apply in writing to the Magistrate, and the Magistrate is satisfied that no prejudice will be caused.
Importance of Section 223:
Avoids Multiple Trials: Saves time and resources for the court and parties.
Ensures Consistency: Prevents contradictory judgments in related cases.
Promotes Judicial Economy: Helps in faster disposal of cases with common facts.
Simplifies Procedure: Allows for consolidated evidence and arguments when accused persons are linked.
Practical Example:
If A and B jointly commit a robbery, and C helps hide the stolen property, they all can be charged and tried together under Section 223 — A and B for robbery, and C for receiving stolen goods.
Conclusion:
Section 223 of the CrPC is an enabling provision that allows multiple accused to be tried in a single proceeding when their alleged offences are connected. This helps the judiciary function efficiently and ensures that justice is delivered consistently in related matters.
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