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BNSS Section 243 - Trial for more than one offence.

BNSS Section 243 - Trial for more than one offence.

Description of BNSS Section 243 - Trial for more than one offence.

(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) 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.
Offence Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied.
Punishment imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Cognizance Non-cognizable
Bail Bailable
Triable Magistrate of the first class.