Correct option is A
Under the Criminal Procedure Code (Cr.P.C.), charges against an accused person must be framed according to the specific incidents and offences involved. Section 218 of the Cr.P.C. mandates that for every distinct offence, there must be a separate charge and each charge must be tried separately, except in specific circumstances where joinder of charges is permissible under Sections 219, 220, 221, and 223.
In this case, since 'A' is accused of committing theft on one occasion and causing grievous hurt on another distinct occasion, these are two separate offences that occurred at different times. Therefore, 'A' must be charged separately for each offence and tried separately as well, unless the court decides otherwise under special provisions, which do not apply here.
Information Booster:
Separate Charges: The principle behind Section 218 Cr.P.C. is to ensure fairness in the trial process. It allows the accused to know precisely what charges they are facing and prepares a defense accordingly. It prevents confusion that might arise from combining multiple offences into one trial when the offences are not related or are committed on different occasions. Each offence is treated as a distinct legal matter requiring its own trial process.
Joinder of Charges (Exception): While the general rule is to frame separate charges for separate offences, there are exceptions under Cr.P.C. where multiple charges can be combined in one trial. For example, under Section 219, an accused may be tried jointly for three offences of the same kind committed within a year. Under Section 220, offences that are part of the same transaction can be tried together. However, in this scenario, the offences (theft and grievous hurt) are distinct and occurred on different occasions, so the exception does not apply.
Additional Knowledge:
(b) Charged jointly for theft and causing grievous hurt: This option is incorrect because the two offences are separate and unrelated. Joint charges are only appropriate when the offences are part of the same transaction or when they meet the criteria under Sections 219 or 220 of Cr.P.C.
(c) Tried jointly for theft and for causing grievous hurt: This is incorrect as well. The principle under Cr.P.C. emphasizes that separate and distinct offences should not be tried together unless they fall under exceptions where joinder is permitted. The fact that these offences occurred on different occasions indicates they should be tried separately.
(d) Charged jointly for theft and for causing grievous hurt but tried separately for those two offences: This option is incorrect because it contradicts the basic rule of Section 218 Cr.P.C., which requires separate charges and separate trials for distinct offences unless specifically allowed by law. If the charges are framed separately, the trials should also be conducted separately.
