Charge
Shivnarayan
(Querist) 21 May 2011
This query is : Resolved
When a person is accused of more then one offfences of the same kind commited within the space of tewelve month.KindlY TELL ME CAN HE TRIED ONE TRAI.
PARTHA P BORBORA
(Expert) 21 May 2011
if all cases are under the jurisdiction of the same court and if there is 3 or more cases of the same nature commited within 12 months, they may be tried together.
Guest
(Expert) 22 May 2011
Agree with Mr. Parthaprotim.
jayeshmankodi
(Expert) 22 May 2011
yes agreed with Mr.Parthaprtim
jayesh mankodi-advovcate-jamnagar
M/s. Y-not legal services
(Expert) 22 May 2011
I think its court's discretion. That if there just two case only, there also he can prays for together. Its will be convenient to court and advocates as well as the accused also..
Mohd Musabbir Ansari
(Expert) 22 May 2011
Dear Shiv
No
Such accused can not claim one trial for the offences of same nature even if committed within the jurisdiction of same court. Reason is that every offence is committed at different period of time. Every case has been investigated by a specific Investigating officer.Chargesheet is different.Evidences are different.
However all cases can be heard by clubbing together. Court may heard all your case by fixing same date. but trial can not be clubbed.
Sri Vijayan.A
(Expert) 23 May 2011
It is the discretionary power of the Court.
bhagwant
(Expert) 23 May 2011
I would like to invite Mr.Ansari to the provision of above Cr.P.C.
Sec.219. Three offences of same kind within year may be charged together –
(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 three
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws:
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, 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
