BNSS Section 242 — Offences of same kind within year may be charged together

CHAPTER XVIII THE CHARGE — B.—Joinder of charges

Criminal

Summary

If a person is accused of committing more than one offence of the same kind within a period of twelve months, they can be charged and tried together for up to five of those offences in a single trial. Offences are considered to be of the same kind if they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023, or under any special or local law. For this purpose, an offence under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 is treated as the same kind as an offence under section 305 of that Sanhita, and an attempt to commit an offence is treated as the same kind as the full offence itself.

Official Text

(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 five.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:

Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §219 — Offences of same kind within year may be charged together