Section 223 of CrPC : Section 223: What persons may be charged jointly.

Explanation using Example

Example 1:

Scenario: A Bank Robbery

• Persons Involved:

  • Person A: The mastermind who planned the robbery.
  • Person B: The driver who drove the getaway car.
  • Person C: The person who entered the bank and stole the money.
  • Person D: The person who provided the weapons used in the robbery.

• Application of Section 223:

  • Clause (a): Persons A, B, and C can be charged and tried together as they are accused of the same offence (bank robbery) committed in the course of the same transaction.
  • Clause (b): Person D can be charged and tried with Persons A, B, and C as he is accused of abetment (providing weapons) of the robbery.

Example 2:

Scenario: A Series of Thefts in a Neighborhood

• Persons Involved:

  • Person E: Accused of stealing from multiple houses over a period of six months.
  • Person F: Accused of helping Person E by selling the stolen goods.
  • Person G: Accused of stealing from the same houses along with Person E.

• Application of Section 223:

  • Clause (c): Persons E and G can be charged and tried together as they are accused of more than one offence of the same kind (thefts) committed jointly within a period of twelve months.
  • Clause (e): Person F can be charged and tried with Persons E and G as he is accused of receiving or assisting in the disposal of the stolen property.

Example 3:

Scenario: A Counterfeit Coin Operation

• Persons Involved:

  • Person H: Accused of manufacturing counterfeit coins.
  • Person I: Accused of distributing the counterfeit coins.
  • Person J: Accused of using the counterfeit coins in transactions.

• Application of Section 223:

  • Clause (g): Persons H, I, and J can be charged and tried together as they are accused of offences under Chapter XII of the Indian Penal Code relating to counterfeit coins and abetment of such offences.

Example 4:

Scenario: A Fraudulent Scheme

• Persons Involved:

  • Person K: Accused of cheating people by promising high returns on investments.
  • Person L: Accused of helping Person K by managing the fraudulent accounts.
  • Person M: Accused of attempting to recruit more victims into the scheme.

• Application of Section 223:

  • Clause (d): Persons K, L, and M can be charged and tried together as they are accused of different offences (cheating, managing fraudulent accounts, and attempting to recruit victims) committed in the course of the same transaction.

Example 5:

Scenario: A Theft and Receiving Stolen Property

• Persons Involved:

  • Person N: Accused of stealing a car.
  • Person O: Accused of receiving and selling the stolen car.
  • Person P: Accused of helping Person O in concealing the stolen car.

• Application of Section 223:

  • Clause (e): Persons N, O, and P can be charged and tried together as they are accused of theft and receiving or assisting in the disposal or concealment of the stolen property.