(1) If, in one series of acts so connected together as to form the same transaction,
more offences than one are committed by the same person, he may be charged with, and
tried at one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach of trust or
dishonest misappropriation of property as provided in sub-section (2) of section 235 or in
sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or
concealing the commission of that offence or those offences, one or more offences of
falsification of accounts, he may be charged with, and tried at one trial for, every such
offence.
(3) If the acts alleged constitute an offence falling within two or more separate definitions
of any law in force for the time being by which offences are defined or punished, the person
accused of them may be charged with, and tried at one trial for, each of such offences.
(4) If several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute when combined a different offence, the person accused of
them may be charged with, and tried at one trial for the offence constituted by such acts
when combined, and for any offence constituted by any one, or more, of such acts.
(5) Nothing contained in this section shall affect section 12 of the Bharatiya Nyaya
Sanhita, 2023.
Illustrations to sub-section (1)
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to
C, a constable in whose custody B was. A may be charged with, and convicted of, offences
under sections 261 and 119 of the Bharatiya Nyaya Sanhita, 2023.
(b) A commits house-breaking by day with intent to commit adultery, and commits, in
the house so entered, adultery with B’s wife. A may be separately charged with, and convicted
of, offences under section 330 of the Bharatiya Nyaya Sanhita, 2023.
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and
then commits adultery with her. A may be separately charged with, and convicted of, offences
under section 83 of the Bharatiya Nyaya Sanhita, 2023.
(d) A has in his possession several seals, knowing them to be counterfeit and intending
to use them for the purpose of committing several forgeries punishable under section 335 of
the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the
possession of each seal under section 339 of the Bharatiya Nyaya Sanhita.
(e) With intent to cause injury to B, A institutes a criminal proceeding against him,
knowing that there is no just or lawful ground for such proceeding, and also falsely accuses
B of having committed an offence, knowing that there is no just or lawful ground for such
charge. A may be separately charged with, and convicted of, two offences under section
246 of the Bharatiya Nyaya Sanhita, 2023.
(f) A, with intent to cause injury to B, falsely accuses him of having committed an
offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives
false evidence against B, intending thereby to cause B to be convicted of a capital offence.
A may be separately charged with, and convicted of, offences under sections 246 and 228
of the Bharatiya Nyaya Sanhita, 2023.
(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a
public servant endeavouring in the discharge of his duty as such to suppress the riot. A
may be separately charged with, and convicted of, offences under sections 189, 115 and 193
of the Bharatiya Nyaya Sanhita, 2023.
(h) A threatens B, C and D at the same time with injury to their persons with intent to
cause alarm to them. A may be separately charged with, and convicted of, each of the three
offences under section 309 of the Bharatiya Nyaya Sanhita, 2023.
The separate charges referred to in illustrations (a) to (h), respectively, may be tried
at the same time.
Illustrations to sub-section (3)
(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted
of, offences under sections 129 and 113 of the Bharatiya Nyaya Sanhita, 2023.
(j) Several stolen sacks of corn are made over to A and B, who knew they are stolen
property, for the purpose of concealing them. A and B thereupon voluntarily assist each
other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged
with, and convicted of, offences under section 315 of the Bharatiya Nyaya Sanhita, 2023.
(k) A exposes her child with the knowledge that she is thereby likely to cause its
death. The child dies in consequence of such exposure. A may be separately charged with,
and convicted of, offences under sections 91 and 103 of the Bharatiya Nyaya Sanhita, 2023.
(l) A dishonestly uses a forged document as genuine evidence, in order to convict B,
a public servant, of an offence under section 199 of the Bharatiya Nyaya Sanhita, 2023. A
may be separately charged with, and convicted of, offences under sections 338 (read with
section 466) and 196 of that Sanhita.
Illustration to sub-section (4)
(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be
separately charged with, and convicted of, offences under sections 323, 392 and 394 of the
Bharatiya Nyaya Sanhita, 2023.
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