The general law as to the trial of an accused person is embodied in the rule that there should be separate charge for every distinct offence and a separate trial for every such charge. (Section 218) The exceptions to this general rule which are provided in Sections 218 to 221 and 223, Cr.P.C. arc as under—
(i) 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. (Proviso to Section 218)
(ii) Three offences of same kind within a year may be charged together:
If any person is accused of more offences than one of the same kind committed within the space of 12 months from the first to the last of such offence whether in respect of the same person or not, he may be charged with, and tried at one trial for any number of them not exceeding three. (Section 219)
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(iii) Trial for more than one offence:
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A person may be charged with and tried at one trial for any number of offences if in one series of acts they are so connected together as to form the same transaction. Thus, if 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 Indian Penal Code, and the separate charges may be tried at the same time. In the same way if A has in his possession several seals knowing them to be counterfeit and intending to sue them for the purpose of committing several forgeries punishable under Section 466, I.PC. A may be separately charged with, and convicted of, the possession of each seal under Section 473, I.PC. and the separate charges may be tried at the same time. [Section 220 (1)]
(iv) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property, is accused of committing for the purpose of facilitating or concealing the commission of that offence or
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those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for every such offence. [Section 220(2)]
(v) Offence falling within two definitions:
If the acts alleged constitute an offence failing 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 such offences. [Section 220 (3)]. To cite an illustration: A exposes her child with the knowledge that he 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, I.P.C. at the trial.
(vi) Acts constituting one offence, but constituting when combined a different offence:
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 constitute by such acts when combined, and for any offence constituted by anyone, or more, of such acts [Section 220 (4)].
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, I.P.C. at the same trial.
(vii) Where it is doubtful that offence has been committed:
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If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences. (Section 221)
(viii) What persons may be charged jointly:
Section 223 discussed below provides for joinder of charges against more than one accused person in the same trial and may be studied there.