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sreenath cochin (advocate)     12 February 2010

criminal law

A commits robbery on B and in doing so voluntarily causes hurt to him.should A be seperately charged for these offences or can all these be joined?


 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 February 2010

These can be joined in one FIR.

1 Like

sreenath cochin (advocate)     12 February 2010

thank u sir


Sreenath - Seperate charge and one FIR are two different issue.

As per S.218 Cr.p.C. "For every distinct offence of which any jperson is accused there shall be a separate charge and every such charge shall be tried separately"

Robbery is an offence punishable u/s 392 and voluntarily causing hurt in committing robbery is an offence punishable u/s 394 and therefore there is are two distinct offence and hence in view of s.218 there has to be a separate charge.

However as per the proviso to the said section the accused person by an application in writing try together all or any number of the charges framed at the same trial.  Even in such a trial charge has to be seperate for the two offence

2 Like

Manish Kalra (Advocate)     12 February 2010

i agree with Mr. Anil Kumar Menon, for details of format of charges see form no.32 at the end of Criminal procedure code, which has forms of charge with one head in first part and charges with two or more heads in second part

1 Like

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