Code of Criminal Procedure, 1973 · Chapter XVII: The Charge · B.–Joinder of charges
Section 219: Three offences of same kind within year may be charged together
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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 law:
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 219
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Sushil Kumar Tiwari v. Hare Ram Sah & Ors.
Allegation against the respondent nos.1 and 2 that they raped a minor girl. It is admitted that they never committed the acts together and always acted separately. In light of the controversy involved in the instant…
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Vinubhai Mohanlal Dobaria v. Chief Commissioner of Income Tax & Anr
Whether an offence u/s.276CC of the Income Tax Act, 1961 could be said to have been committed on the actual date of filing of return of income or on the day immediately after the due date for filing of returns as per…
- Nasib Singh v. The State of Punjab & Anr.
- Girlsh Kumar Suneja v. C.B.L.
- State of Jharkhand Through Sp, CBI v. Lalu Prasad @ Lalu Prasad Y Aday
- Vijay Mallya v. Enforcement Directorate, Min. of Finance
- State of U.P. v. Paras Nath Singh
- State of Karnataka v. Annegowda
- Musaraf Hossain Khan v. Bhagheeratha Engg. Ltd and Ors.
- State of Maharashtra v. Priya Sharan Maharaj and Ors.
- Sohan Lal and Ors. v. State of Rajasthan