Tag: joint trial

CRIMINAL LAW

Joinder of Charges Under Section 246: Provisions for Joint Trial of Accused Persons in Bharatiya Nagarik Suraksha Sanhita, 2023

Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the joinder of charges in joint trials with multiple accused, replacing CrPC, 1973 provisions. Courts are enabled to try persons together when their offenses arise from the same transaction or related facts, maximizing judicial resources. Nonetheless, courts can exercise discretion and direct separate trials if a common trial is likely to prejudice any accused, for fairness. It contains a pragmatic and fair approach towards multi-party criminal cases

byLegal Maestros
CRIMINAL LAW

Understanding Section 243: Joint Trial for Multiple Offenses in the Same Transaction

Section 243 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for concurrent trials for more than one offense in a single transaction, making criminal trials more efficient. Following CrPC, 1973, it provides for a trial of connected offenses by courts in a common trial, given that they are factually connected, making judicial efficiency better. The provision does not prejudice the accused, with courts still having the liberty to direct trials separately if fairness is otherwise affected. This chapter illustrates a pragmatic response to complicated cases, reconciling procedural consolidation with delivery of justice

byLegal Maestros