Same Transaction - Definition - Law Dictionary Home Dictionary Definition same-transaction

Definition :

Same transaction, between a series of acts seems to be an essential ingredient for those acts to constitute the same transaction, State of Andhra Pradesh v. Cheemalapati Ganeswara Rao, AIR 1963 SC 1850: (1963) 2 Cr LJ 671.

Means in order that a series of acts be regarded as parts of 'the same transaction', they must be connected together in some way, for instance, by proximity of time, unity of place, unity or continuity of purpose or design, or continuity of action. Proximity of time and unity of place are not essential, though they furnish good evidence of what unites several acts. If any of these things happens and the whole process is begun over again, it is not the same transaction but a new one, in spite of the fact that the same general purpose may continue, Shapurji Sorabji v. Emperor, AIR 1936 Bom 154; Debi Prasad v. Emperor, 212 IC 135: Raj Kishore Tewari v. Rex, AIR 1949 All 139; Faiz Mohammad v. Emperor, (1945) ILR 1945 Ker 100.

Same transaction, suggests a continuity of action and purpose. It has been held that the real and substantive test for determining whether several offences are so connected together, as to form one transaction depends upon: whether they are related together, in point of purpose, or as cause and effect, or principal and subsidiary acts, so as to constitute one continuous act, Madan Gopal Dey v. State, AIR 1968 Cal 79.

The expression 'same transaction' implies a community of action and continuity of action, AIR 1954 Sau 15. (Criminal PC, 1898, s. 239)