Introduction to Section 246 BNSS
Section 246 BNSS talks about who can be charged and tried together in court. This section helps in conducting joint trials where more than one person is involved in the same or connected crimes. It allows courts to try people together when their acts are linked or part of a single transaction. This avoids multiple trials for the same crime series and ensures faster justice. It also helps judges understand the full chain of actions by seeing all parties together. This section makes the judicial process efficient and logical.
What is BNSS Section 246 ?
BNSS Section 246 lists different types of people who can be charged together – such as those committing the same offence, abettors, or those involved in the same transaction. It also includes people who assist after the crime, like hiding stolen goods or helping dispose of stolen property. It ensures that everyone involved in one incident can be judged together fairly and legally.
BNSS Section of 246 in Simple Points
1. Joint Trial for Same Offence in Same Transaction
If two or more people are accused of committing the same offence in the same incident, BNSS 246 allows them to be charged and tried together. This is common in group crimes like robbery or gang assault. Trying them together makes it easier for the court to understand who did what. It avoids hearing the same witnesses multiple times. It also prevents giving different punishments for the same crime. This brings clarity and fairness in the trial. Such joint trials reduce confusion and improve speed.
2. Abettors and Main Accused Can Be Tried Together
Sometimes, one person commits a crime and others help or encourage him. These people are called abettors. BNSS Section 246 says that the main accused and the abettors can be charged and tried together in one case. This is helpful because both roles are part of the same offence. It avoids the need to prove the whole crime again in a separate trial. Judges can examine all facts in one go. It ensures no helper escapes justice. Such joint trials improve legal coordination.
3. Joint Trial for Similar Offences within 12 Months
When two or more persons commit the same type of offence (like repeated cheating, theft, or fraud) within one year, BNSS 246 allows them to be tried together. This avoids unnecessary repetition in the court. For example, if two people steal money from different shops within months, they can be tried together. This also allows judges to see patterns of behaviour. It makes punishment appropriate for repeat offenders. This point adds strength to legal investigations.
4. People Involved in Related Offences Tried Together
If different people commit different crimes in one transaction, like one steals and another hides the stolen goods, they can still be tried together. BNSS 246 helps in such situations. It connects crimes that happen in one series of events. For example, in a kidnapping, one may kidnap, another may drive the car, and another may collect ransom. Though their crimes are different, the court can handle the case as one. This improves justice by seeing the full situation.
5. Joint Trial in Cheating, Theft, or Stolen Goods Cases
BNSS 246 allows even those who were not directly involved in the main crime, but who helped hide, receive, or sell the stolen goods, to be tried with the main criminal. This includes crimes like theft, cheating, misappropriation, and similar offences. For example, a person who knowingly buys a stolen phone can be tried with the thief. This helps break full crime networks. Courts can hear all evidence in one trial and give judgment that fits all roles. It stops people from escaping justice by being behind the scenes.
Section 246 of BNSS Overview
BNSS 246 gives a legal rule that allows group trials when persons are involved in the same case directly or indirectly. It covers cases like theft, cheating, counterfeit coins, and property offences. It also includes people who help, abet, or receive benefits from a crime. This reduces the need for separate trials and brings clarity and connection in court cases.
BNSS Section 245 – 10 Key Points
1. People Accused of the Same Crime in the Same Incident
If multiple people commit the same offence together in a single incident, they can be charged and tried together under BNSS 246. For example, if three people commit a robbery as a group, the court can try all of them in one trial. This is helpful because the case facts and evidence are shared. A joint trial avoids confusion and saves time. The judge can see the entire incident clearly in one courtroom. This also helps in giving proper and collective justice.
2. Offender and Abettor Can Be Tried Together
BNSS 246 allows a person who committed the offence and another person who helped or encouraged (abetted) the offence to be tried in the same case. Suppose one person steals and another person assists by hiding the stolen item — both can face a joint trial. This is important because both roles are part of the same wrong action. The court can assess the connection between the two. This reduces delays and improves fairness in judgment.
3. Same Kind of Offences Within 12 Months
If people commit multiple offences of the same type, like repeated frauds or thefts, within 12 months, they can be tried together. BNSS 246 allows joint trials even if these offences happened at different times, as long as they are of the same kind and committed together. For instance, if two people commit three thefts in one year, they don’t need three separate trials. The law allows clubbing the charges to avoid repetition of proceedings.
4. Different Crimes But Same Transaction
Sometimes people commit different offences in the same event or sequence of actions. For example, if one person robs a house and another person assaults the guard at the same time, both can be tried together. This is because both crimes are part of one combined transaction. BNSS 246 ensures that such connected actions are treated as a whole for trial. It makes the judicial process logical and fact-based.
5. Theft and Receiving Stolen Property
BNSS 246 says that a person who commits theft and a person who receives, hides, or helps dispose of the stolen goods can be charged and tried together. This is common in many property crimes. For example, A steals a bike, and B hides it in his garage. Both can be tried in the same case. This saves time, avoids duplicate evidence, and helps the court understand the full crime network.
6. Cases Related to Stolen Property Under Section 317(2) & 317(5)
People involved in offences related to stolen property, as defined under Section 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023, can also be tried together. These may include the person who steals and the one who keeps or transfers stolen goods. Since these offences are linked through stolen items, it makes sense to conduct a joint trial. It provides clear understanding of the chain of crime and proper justice.
7. Counterfeit Coin Offences Can Be Clubbed Together
If different people commit offences related to the same counterfeit coin, such as making, using, or distributing it, they can be tried together. BNSS 246 allows this to handle cases under Chapter X of the Bharatiya Nyaya Sanhita, 2023. This is especially helpful in fake currency rackets where many persons play different roles. A joint trial helps courts see the full picture and decide fairly.
8. Joint Trials Even If Not Automatically Allowed (On Request)
Sometimes, people charged with different offences that don’t automatically qualify for a joint trial under this section can still be tried together. If all such persons submit a written request and the court believes that they will not be harmed by a joint trial, the court may allow it. This ensures flexibility and cooperation between the accused and the court, saving time and simplifying complex cases.
9. Helps in Avoiding Multiple Cases for One Crime Series
BNSS Section 246 helps avoid conducting many separate cases for actions that are linked together. This reduces the burden on the court, police, and lawyers. It also reduces harassment for witnesses who might otherwise have to appear many times. It is designed to make the justice system faster, simpler, and more practical, especially in group crimes or organized offences.
10. Promotes Logical and Fair Judgments
By bringing all connected persons into one courtroom, BNSS 246 allows judges to see the entire picture of a case. This prevents manipulation of facts by separating trials. It also ensures that one person does not wrongly escape while another gets punished unfairly. The section supports truth-based decisions and justice for all, especially in crimes involving multiple actors.
Example 1:
Three people rob a jewellery shop together. One plans, one breaks the lock, and one collects the gold. Under BNSS 246, all three can be tried together because they committed the same crime in the same transaction. This avoids multiple trials and gives a full picture of the case.
Example 2:
A steals a bike and B hides it in his garage. A is charged with theft, and B is charged with hiding stolen goods. BNSS 246 allows both to be tried in the same court together because their acts are linked. It helps the court decide the whole case fairly.
Section 246 of BNSS Short Information
| Point No. | Key Area | Explanation |
|---|---|---|
| 1 | Same Offence, Same Transaction | People who committed the same crime together can be tried in one case. |
| 2 | Main Accused and Abettors | The person who did the crime and the one who helped can face trial together. |
| 3 | Same Type of Offences in One Year | People who did similar crimes within 12 months can be tried together. |
| 4 | Different Crimes in One Event | People who did different offences in one series of acts can face joint trial. |
| 5 | Theft, Cheating & Handling Stolen Property | Those who stole and those who kept/hid/sold the stolen items can be tried together. |
Why is BNSS Section 246 Needed?
BNSS 246 is important because in many criminal cases, more than one person is involved directly or indirectly. If they are tried separately, it leads to delay, repetition, and confusion. This section allows the court to club cases and try all connected people in one courtroom, saving effort, cost, and time. It also helps judges understand the full picture of the crime as all sides are heard together. Without this section, the system would become slow and overburdened. So, BNSS 246 ensures justice is fast, fair, and organized.
BNSS Section 246 FAQs
BNSS 246
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