A commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at one trial? Give reasons.

Question: A commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at one trial? Give reasons.

Find the answer only on Legal Bites. [A commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at one trial? Give reasons.]

Answer

Section 219 of the Code of Criminal Procedure lays down the legal principle as to whether three offences of the same kind within a year may be charged together. Sub-section (1) states that:

“(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.”

This section modifies section 218 by allowing three charges of three offences of the same kind committed within one year to be tried together. It limits the number of charges of the same kind which may be tried in a single trial. The accused may be tried separately for other offences. This section simply places a statutory limit on the number of charges which may legally form part of a single trial. There is nothing in the section, however, to prevent an accused from being separately charged with and tried on the same day for any number of distinct offences of the same kind committed within a year.

Thus, by virtue of section 219 (1) of CrPC, A can be charged and tried for offences of the same kind committed against B within a year at once in a single trial.

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