Co-accused can be tried separately if their interests conflict, since courts recognise that a joint trial can sometimes prejudice one accused where defences are genuinely antagonistic, such as each co-accused blaming the other for the offence. Whether co-accused can be tried separately if their interests conflict depends on the accused demonstrating that continuing a joint trial would cause real, demonstrable prejudice rather than mere strategic preference for a separate proceeding. This standard exists because joint trials are generally preferred for efficiency and consistency, and severance is treated as an exception granted only where fairness genuinely requires it, not simply because one accused would find a separate trial more convenient or tactically advantageous.

The clearest cases for severance arise when co-accused run "cut-throat" defences, each pointing squarely at the other as the true culprit, since in such situations a joint trial risks the jury or judge being influenced by the dynamic between the co-accused rather than assessing each person's individual culpability based purely on the evidence against them. Other situations warranting severance include cases where evidence admissible against one co-accused would be highly prejudicial if heard by the same court considering another co-accused's case, or where one accused's absence or ill health would otherwise unfairly delay the trial of others.

Courts weigh judicial efficiency against fairness carefully before ordering separate trials, since severance can also lead to delay and repeated presentation of overlapping evidence, meaning witnesses may need to testify multiple times and the overall process can become considerably longer and more resource-intensive. This is why courts do not grant severance routinely, and a request needs to clearly show that the risk of prejudice from a joint trial genuinely outweighs the practical costs of proceeding separately.

For advice on whether severance is advisable and achievable in your case, Aapka Legal Advice can assess your specific circumstances, examining whether the conflict between you and your co-accused rises to the level courts have recognised as warranting separate trials. Our network of Top Criminal Lawyers in India and retired judges panel have successfully secured separate trials where genuine conflicts of interest existed between co-accused, understanding exactly how to present this request persuasively to the court. In conclusion, severance remains available where a genuine conflict of interest exists, but success depends on clearly demonstrating real prejudice rather than simply a preference for separate proceedings.