Separate charges for distinct offences
Section 218 of the Code of Criminal Procedure, 1973 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 prejudi The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Illustration
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, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 241 Separate charges for distinct offences Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Punjab vs Harjagdev Singh
Court's Decision & Legal Precedent
A judicial confession recorded under Section 164 CrPC by a competent Magistrate following the prescribed procedure—including warning the accused that the confession may be used as evidence and satisfying the Magistrate that it is voluntary—is admissible and reliable evidence of guilt even if there are technical non-compliances with procedural requirements under Section 164, unless the accused demonstrates that such non-compliance caused him actual injury in his defence on merits. An extra-judicial confession may also be admissible if the witness supports the substance of the confession even if the accused later claims the witness had no opportunity to hear it. The voluntariness of a confession is determined by objective assessment of facts and circumstances, including whether the confession was made in fit state of mind and whether any inducement from person in authority with reference to the charge created reasonable grounds for the accused to suppose he would gain advantage or avoid temporal evil by confessing.
On this section: Relates to requirements for charge framing. High Court held charge was defective because Section 218 requirements were not followed. Supreme Court rejected this finding as not justified without showing prejudice under Section 463.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 218
What have the courts held on Section 218 of the Code of Criminal Procedure?
State of Punjab vs Harjagdev Singh (22 Apr 2009) is the leading judgment on this section among those set out below: Relates to requirements for charge framing. High Court held charge was defective because Section 218 requirements were not followed. Supreme Court rejected this finding as not justified without showing prejudice under Section 463.
How do I find court cases under Section 218 of the Code of Criminal Procedure?
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: CRPC 218, section 218 CRPC, section 218 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Punjab vs Harjagdev Singh (22 Apr 2009).
What should I read with Section 218 of the Code of Criminal Procedure, 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. For anything done on or after 1 July 2024 the provision to read is BNSS 241 (Separate charges for distinct offences), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 218 of the Code of Criminal Procedure come into force?
Section 218 of the Code of Criminal Procedure, cited as CRPC 218, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.