Under Section 220 of the Code of Criminal Procedure, if in one series of acts which are so connected together as to constitute the same transaction, more than one offence is committed by the same person, he can be charged with and tried for every such offence at one trial only. If 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 such offence) one or more offences of falsification of accounts, he can be charged with and tried for every such offence at one trial only.
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Moreover, if the alleged acts constitute an offence falling within two or more separate definitions of any law in force, the accused can be charged with and tried for each of such offence at one trial only.
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If several acts, of which one or more would by itself (or themselves) constitute an offence, when combined constitute a different offence, the accused can be charged with and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one or more of such acts.
Illustrations to Section 220:
(a) A rescues B, a person in lawful custody, and in so doing, causes grievous hurt to C, a constable in whose custody В was. A may be charged with and convicted of, offences under Ss. 225 and 333 of the Indian Penal Code, 1860.
(b) A commits house-breaking by day with intent, to commit adultery, and commits, in the house so entered, adultery with Bs wife. A may be separately charged with, and convicted of offences under Ss. 454 and 497 of the Indian Penal Code, 1860.
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under S. 498 and 497 of the Indian Penal Code, 1860.
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(d) A has in his possession several seals, knowing them to be counterfeit, and intending to use them for the purpose of committing several forgeries punishable under S. 466 of the Indian Penal Code. A may be separately charged with and convicted of the possession of each seal under S. 473 of the Indian Penal Code, 1860.
(e) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses В of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under S. 211 of the Indian Penal Code. 1860.
(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. At the trial, A gives false evidence against B, intending thereby to cause В to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under Ss. 211 and 194 of the Indian Penal Code. 1860.
(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under Ss. 147, 325 and 152 of the Indian Penal Code, 1860.
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(h) A threatens В, С 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 S. 506 of the Indian Penal Code, 1860.
The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the same time.
(i) A wrongfully strikes В with a cane, A may be separately charged with, and convicted of, offences under Ss. 352 and 323 of the Indian Penal Code, 1860.
(j) Several stolen sacks of corn are made over to A and 6, who know that they are stolen property, for the purpose of concealing them. A and В thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and В may be separately charged with, and convicted of, offences under Ss. 411 and 414 of the Indian Penal Code, 1860.
(k) A exposes her child with the knowledge that she 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 Ss. 317 and 304 of the Indian Penal Code, 1860.
(l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under S. 167 of the Indian Penal Code. A may be separately charged with, and convicted of, offences under S. 471 (read with S. 466) and S. 196 of that Code.
(m) 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 Ss. 323, 392 and 394 of the Indian Penal Code, 1860.
For the purposes of the Code, the Courts have held the following to be “same transaction”:
(a) Theft of a cart from one house, and theft of two bullocks from another house in order to remove the cart.
(b) Cheating by false personation in forging a letter, and further cheating on the strength of that letter.
(c) Receiving some property stolen on a particular occasion and assisting to conceal some other property on that occasion.
(d) Conspiracy to wage war and concealing the existence of such conspiracy from the authorities.
(e) Forgery, abetment of forgery and use of the forged document in the Civil Court.
On the other hand, it has been held that the following acts do not form the “same transaction”:
(a) Kidnapping a boy, and after a couple of days, assaulting the boy’s mother when she came to ask for her son.
(b) Cutting and misappropriating a large number of trees on eight or nine separate occasions extending over several months.
(c) Criminal misappropriation or breach of trust and falsification of accounts relating to another act of misappropriation or breach of trust.
(d) Theft of eight necklaces at different times, extending over a period of two years, although from the same person.
(e) Five murders committed on the same day, three in one village in the forenoon, and two in another village in the afternoon, without there being an apparent connection between the two sets of murder.