A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A gives an application in writing to try both the offences at one trial. Can the Magistrate do so?

Question: A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A gives an application in writing to try both the offences at one trial. Can the Magistrate do so? [RJS, 1991]

Find the answer only on Legal Bites. [A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A gives an application in writing to try both the offences at one trial. Can the Magistrate do so?]

Answer

Section 218 of the Code of Criminal Procedure Code, 1973 lays down the general rule of separate charges for distinct offences. It states that:

“(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.”

This section applies to summons cases also, although it is not necessary to embody a charge in writing in a summons case. Non-compliance with the provisions of this section is an illegality which vitiates the whole trial, and it cannot be cured by applying sections 464 and 465 of the Code.

The facts of the present case at hand have been borrowed from the illustration appended to section 218 of the code. As per the case, A is accused of theft on one occasion, and of causing grievous hurt on another occasion. So, A must be separately charged and separately tried for the theft and causing grievous hurt.

However, if the accused person so desires by an application in writing and the Magistrate is also of opinion that thereby no prejudice will be caused to the accused, then the Magistrate may try all or any number of charges against him together. The conditions are cumulative and not alternative in nature. Thus, by virtue of the proviso of section 218(1) of the code, Magistrate is competent to try both the offences at one trial on the application in writing given by A.

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