Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVIII · The Charge
165. Trial for more than one offence
Feedback & supportIf in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
Criminal Procedure Code 109
If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of those offences.
If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined, or for any offence constituted by any one or more of those acts.
Nothing contained in this section shall affect section 71 of the
Penal Code.
ILLUSTRATIONS to subsection (1)
A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with and tried for offences under sections 225 and 333 of the Penal Code.
A has in his possession several seals, knowing them to be counterfeit, and intending to use them for the purpose of committing several forgeries punishable under section 446 of the Penal Code. A may be separately charged with and convicted of the possession of each seal under section 473
of the Penal Code.
With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with and convicted of two offences under section 211 of the Penal Code.
A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of offences under sections 211 and 194 of the Penal Code.
A, with six others, commits the offence of rioting, grievous hurt, and assaulting a public servant endeavouring, in the discharge of his duty as such, to suppress the riot. A may be separately charged with and convicted of offences under sections 145, 325 and 152 of the Penal Code.
110
A threatens B, C and D at the same time with injury to their persons, with intent to cause alarm to them. A may be separately charged with and convicted of each of the three offences under section 506 of the Penal Code.
The separate charges referred to in illustrations (a) to (f), respectively, may be tried at the same time.
to subsection (2)
A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under sections 352 and 323 of the Penal Code.
Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit.
A and B may be separately charged with and convicted of offences under sections 411 and 414 of the Penal Code.
A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of offences under sections 317 and 304 of the
Penal Code.
A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the
Penal Code. A may be separately charged with and convicted of offences under sections 471 (read with 466) and 196 of the Penal Code.
to subsection (3)
A commits robbery on B, and in doing so voluntarily causes hurt to him.
A may be separately charged with and convicted of offences under sections 323,
392 and 394 of the Penal Code.