CrPC Section 219 is now BNSS 242: Three offences of same kind within year may be charged together
Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records no change in the text, only a new number.
Printed in both official correspondence tables (BPR&D and NCRB).
CrPC 219: Three offences of same kind within year may be charged together
Before 1 July 2024
(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.
BNSS 242: Offences of same kind within year may be charged together
From 1 July 2024
(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.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 219
The provision moved without a change of substance, so what these judgments decide carries over; cite the new section alongside the old.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 20.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 32.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.