Section218
The Code of Criminal Procedure Act

Separate charges for distinct offences

Repealed Act 2 of 1974 As on 14 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 218 of the Code of Criminal Procedure Act deals with separate charges for distinct offences. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudic

(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Section 218, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Questions about Section 218

What does Section 218 of the Code of Criminal Procedure Act deal with?

Section 218 of the Code of Criminal Procedure Act is headed "Separate charges for distinct offences". For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudic

How do I find court cases under Section 218 of the Code of Criminal Procedure Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 218, section 218 Code Criminal Procedure Act, section 218 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 218 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 219 (Three offences of same kind within year may be charged together), section 220 (Trial for more than one offence), section 221 (Where it is doubtful what offence has been committed), section 223 (What persons may be charged jointly), so none of them can safely be read on its own.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.