Code of Criminal Procedure Act, 1973
220.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 212 or in sub-section (1) of section 219, 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 71 of the Indian
Penal Code(45 of 1860).
Illustrationsto 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 225 and 333 of
the Indian Penal Code(45 of 1860).
(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
sections 454 and 497 of the Indian Penal Code (45 of 1860).
(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 sections 498
and 497 of the Indian Penal Code(45 of 1860).
(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 466 of the Indian Penal
Code(45 of 1860).A may be separately charged with, and convicted of, the
possession of each seal under section 473 of the Indian Penal Code.
(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 211 of the Indian Penal Code(45 of 1860).
(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 211
and 194 of the Indian Penal Code(45 of 1860).
(g) A, with six others, commits the offences
of rioting, grievous hurt and assaulting a public servant endeavoring in the
discharge of his duty as such to suppress the riot. A may be separately charged
with, and convicted of offences under sections 147, 325 and 152 of the Indian
Penal Code(45 of 1860).
(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 506 of the Indian Penal Code (45 of 1860).
The separate charges referred to in
Illustrations (a) to (h), respectively, may be tried at the same time.
(I) Where it is doubtful what offence has been
committed.- A wrongfully strikes B with a cane. A may be separately charged
with and convicted of, offences under sections 352 and 323 of the Indian Penal
Code (45 of 1860).
(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-pita and B may be separately charged with, and convicted of, offences
under sections 41 and 414 of the Indian Penal Code (45 of 1860).
(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 317 and 304 of the Indian Penal Code (45 of 1860).
(l) A dishonestly uses a forged document as
genuine evidence, in order to convict B, a public servant, of an offence under
section 167 of the Indian Penal Code(45 of 1860).A may be separately charged
with, and convicted of, offences under sections 471 (read with section 466) and
196 of that Code.
Illustrationto 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 Indian Penal Code (45 of
1860).