Yes, misjoinder can occur in criminal cases as well, though its implications and remedies differ significantly from those in civil proceedings. In criminal law, misjoinder typically refers to the improper joining of charges or accused persons in a single trial—such as trying multiple unrelated offences together or including accused persons who are not connected by a common transaction. Under the Code of Criminal Procedure (CrPC), particularly Sections 218 to 223, each distinct offence should generally be tried separately unless the offences or accused are linked by the same transaction. If a misjoinder occurs, the court may order separate trials to prevent prejudice against the accused, ensuring a fair hearing as guaranteed under Article 21 of the Constitution. Unlike civil cases—where misjoinder is a curable procedural defect—misjoinder in criminal trials can affect the validity of the proceedings and may even result in the reversal or retrial of the case if it causes a miscarriage of justice. Thus, while both systems allow correction, criminal courts handle misjoinder with greater caution to protect the accused’s right to a fair and impartial trial.
