Section-403 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
Person once convicted or acquitted not to be tried for same offence
403.(1) A person who has once
been tried by a Court of competent jurisdiction
for an offence and convicted or acquitted of
such offence shall, while such conviction or acquittal remains
in force, not be liable to be tried again
for the same offence, nor on the same facts for any other offence for
which a different charge from the one made against him might have been made
under section 236, or for which he might have been convicted under section 237.
(2) A person acquitted or
convicted of any offence may be afterwards tried for any distinct offence for
which a separate charge might have been made against him on the former trial
under section 235, sub-section (1).
(3) A
person convicted of any offence constituted by any act causing consequences
which, together with such act, constituted a different offence from that of
which he was convicted, may be afterwards tried for such last-mentioned
offence, if the consequences had not happened, or were not known to the Court
to have happened, at the time when he was convicted.
(4) A
person acquitted or convicted of any offence constituted by any acts may,
notwithstanding such acquittal or conviction, be subsequently charged with, and
tried for, any other offence constituted by the same acts which he may have
committed if the Court by which he was first tried was not competent to try the
offence with which he is subsequently charged.
(5) Nothing in this section
shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188
of this Code.
Explanation- The dismissal of a complaint, the
stopping of proceedings under section 249, or the discharge of the accused
is not an acquittal for the purposes of this section.
Illustrations
(a) A is tried upon a charge of theft as a
servant and acquitted. He cannot afterwards, while the acquittal remains in
force, be charged with theft as a servant or, upon the same facts, with theft
simply, or with criminal breach of trust.
(b) A is tried upon a charge of murder and
acquitted. There is no charge of robbery; but it appears from the facts that A
committed robbery at the time when the murder was committed; he may afterwards
be charged with, and tried for, robbery.
(c) A is tried for causing grievous hurt and
convicted. The person injured afterwards dies. A may be tried again for
culpable homicide.
(d) A is charged before the Court of Session
and convicted of the culpable homicide of B. A may not afterwards be tried on
the same facts for the murder of B.
(e) A is charged by a Magistrate of the first
class with, and convicted by him of voluntarily causing hurt to B. A may not
afterwards be tried for voluntarily causing grievous hurt to B on the same facts,
unless the case comes within paragraph 3 of the section.
(f) A is charged by a Magistrate of the second
class with, and convicted by him of, theft of property from the person of B. A
may be subsequently charged with, and tried for robbery on the same facts.
(g) A. B and C are charged by a Magistrate of
the first class with, and convicted by him of, robbing D. A, B and C may
afterwards be charged with, and tried for dacoity on the same facts.
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