Law regarding Joinder of Charges under CrPC

The Section 218 of the Code of Criminal Procedure (CrPC) insists that there would be separate trial for separate charges and that every distinct offence a person is accused of shall be charged separately, says the High court of Kerala in Santosh @ Chandu v State [2024 (1) KLD 714] .

The Section 220 (1) of CrPC enables trial of more offences than one if such offences are so connected as to form the same transaction. Such offences can be tried at one trial.

Separate charges for each offence are to be framed unless the charges can be joined under any of the provisions of the Section 220 of the CrPC.

Mis-joinder of charges is an irregularity, in case it results in failure of justice. An irregularity on account of mis-joinder of charges does not invalidates or vitiates a conviction.