Question

What persons may be charged jointly and tried together under S.223 of Cr.PC

• A. persons accused of the same offence committed in the course of the same transaction
• B. persons accused of an offence and persons accused of abetment of or attempt to commit such offence
• C. persons accused of different offences committed in the course of the same transaction
• D. all the above.

Hint:

The key phrase that runs through most clauses of Section 223 is "in the course of the same transaction." This nexus is the primary justification for holding a joint trial for multiple accused persons or multiple offences.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The general rule in criminal trials is that for every distinct offence, there should be a separate charge, and every charge should be tried separately. However, to avoid multiplicity of proceedings and for the convenience of trial, the Code of Criminal Procedure (CrPC) provides exceptions. Section 223 lists the categories of persons who may be charged and tried together.
Step 2: Detailed Explanation:
Let's examine the options against the clauses of Section 223 of the CrPC:
\begin{itemize} \item (A) persons accused of the same offence committed in the course of the same transaction: This is explicitly covered by Section 223(a). \item (B) persons accused of an offence and persons accused of abetment of or attempt to commit such offence: This is explicitly covered by Section 223(b). \item (C) persons accused of different offences committed in the course of the same transaction: This is explicitly covered by Section 223(d). For example, if A commits theft and B receives the stolen property in the same transaction, they can be tried together. \end{itemize} Since all the situations described in options (A), (B), and (C) are explicitly mentioned in Section 223 as valid grounds for a joint trial, the correct answer is that all of them are permitted.
Step 3: Final Answer:
The correct answer is all the above.