Reviewed case brief

Mohan Baitha v. State of Bihar

(2001) 4 SCC 350

Authority on the law of joinder and misjoinder of charges, and when misjoinder vitiates the trial.

chargejoindermisjoinderS.247-BNSSS.252-BNSSjoint-trialsem-5
Court
Supreme Court of India
Year
2001
Subjects
Bharatiya Nagarik Suraksha Sanhita
Reviewed
2026-06-30

Rule established

Misjoinder of charges or persons is a curable irregularity under S.218 CrPC (now S.252 BNSS) and does not vitiate trial unless failure of justice has actually occurred. Separate trials are the rule; joint trial is the exception requiring nexus between offences.

Facts

    Issues

      Held

        Ratio decidendi

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