'A' is accused of theft on one occasion and of causing grievous hurt on another occasion. Applying…
Section 241(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 218 CrPC) requires "a separate charge" for every distinct offence and each charge to be…
Choose your answer
'A' is accused of theft on one occasion and of causing grievous hurt on another occasion. Applying Section 241 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following statements is correct?
Answer and explanation
Correct answer A
Section 241(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 218 CrPC) requires "a separate charge" for every distinct offence and each charge to be "tried separately". Its illustration has exactly these facts and says A "must be separately charged and separately tried for the theft and causing grievous hurt".
Joint trial is the exception, allowed only under sections 242 to 244 and 246, or under the proviso to section 241 when the accused applies in writing and the Magistrate agrees.
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