Law in 100 Words | Part 12 | Joinder of Charges/Accused – A Case Study.


•CBI receives information that the CMD of a PSU is allegedly accepting bribes from bidders/suppliers of the PSU. 

•The CBI lays down a trap. The wife of the CMD is also caught allegedly depositing gold bars in a bank locker.

Two chargesheets are filed. One against all the people involved in the alleged offence including the wife of the CMD and a separate chargesheet only against the wife for conspiracy to obtain and operate a benami locker. 

Should there be a joinder of charges? 

If the offences alleged have been committed for facilitating the commission of the main offence or if they involve similar system or persons and there is a hint of continuity of action, it is then part of the same transaction. 

•Using forged documents for opening the bank account, it was held, was part of the same conspiracy to stash the bribe money. The two chargesheets should, therefore, be clubbed.

Further reading/Sources:

  • Chandini Srivastava vs CBI and Ors., 2018 (3) JCC 1847
  • Section 212 to 224 of the CrPC.

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