Section 241 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 241 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the joinder of charges in criminal proceedings, ensuring that distinct offences are charged and tried separately, with provisions for joint trials under specific circumstances.
📜 Text of Section 241
Section 241: Separate charges for distinct offences
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.
Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244, and 246.
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 241 of the BNSS is analogous to Section 219 of the Cr.P.C., which similarly mandates separate charges and trials for distinct offences, with provisions for joint trials under specific conditions. Both provisions aim to ensure fairness and clarity in criminal proceedings.
🧭 Practical Implications
Separate Charges for Distinct Offences: Each distinct offence must be charged and tried separately, promoting clarity and fairness in legal proceedings.
Provision for Joint Trials: The accused may request, in writing, to have multiple charges tried together, subject to the Magistrate's discretion, ensuring that such joint trials do not prejudice the accused.(
Reference to Other Sections: The section acknowledges the applicability of other provisions (sections 242, 243, 244, and 246) that may provide exceptions or additional guidelines regarding the joinder of charges.
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