Section 242 BNSS: Offences of same kind within year may be charged together (Formerly Section 219 CrPC)

Section 242 of Bharatiya Nagarik Suraksha Sanhita, 2023: Offences of same kind within year may be charged together

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 five.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:

Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, 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.

Legal Commentary & Landmark Judgments: Section 242

Section 242 provides an exception to the separate trial rule, permitting the joint trial of up to three offences of the same kind committed within the space of twelve months from the first to the last of such offences (replacing Section 219 CrPC).

Offences of Same Kind: Offences punishable with the same amount of punishment under the same section of the BNS or special law.
Maximum Three Offences: Not more than three such offences may be charged and tried together in one trial.
Twelve-Month Window: All three offences must have been committed within the space of twelve months from the first to the last.

Key Landmark Precedents:

K. Satwant Singh v. State of Punjab AIR 1960 SC 266: The Constitution Bench held that Section 219 CrPC (Section 242 BNSS) permits joinder of up to three offences of the same kind committed within one year, expediting trial without prejudicing the defense.
State of Bombay v. Umarsaheb Buransaheb Inamdar AIR 1962 SC 1153: Affirmed that trying four offences of the same kind in a single trial violates the statutory limit, constituting an illegal joinder of charges.

Courtroom Practice & Strategic Litigation Guidance:

Check the number of counts: If the trial court joins FOUR distinct cheque dishonor cases or four distinct house thefts into one trial, raise an objection under Section 242: The statutory ceiling is strictly three offences within one year.