Code of Criminal Procedure, 1973 · Chapter XVII: The Charge · B.–Joinder of charges
Section 218: Separate charges for distinct offences
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.
Illustration A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
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 218
-
Mamman Khan v. State of Haryana
Issue arose whether the orders of the trial court, as affirmed by the High Court, directing segregation of the appellant’s trial from that of the co-accused and requiring the filing of a separate charge sheet solely on…
-
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…
-
Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr.
Whether the High Court erred in dismissing the s.482, CrPC application filed by the appellants despite the matter being civil in nature.
-
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…
- Ms. P Xxx v. State of Uttarakhand & Anr
- Nasib Singh v. The State of Punjab & Anr.
- Abdul Sayeed v. State of Madhya Pradesh
- State of U.P. v. Paras Nath Singh
- State of Punjab v. Harjagdev Singh
- Kamalanantha and Ors. v. State of Tamil Nadu