Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 337: Person Once Convicted or Acquitted Not to Be Tried for Same Offence
(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 sub-section (1) of section 244, or for which he might have been convicted under sub-section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 243.
(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) A person discharged under section 281 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 or of section 208 of this Sanhita.
Explanation.—The dismissal of a complaint, 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 for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(c) 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.
(d) 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 sub-section (3) of this section.
(e) 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 subsequently be charged with, and tried for, robbery on the same facts.
(f) 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.
Brief Detail
Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that a person who has been convicted or acquitted of an offence cannot be tried again for the same offence or for any other offence based on the same facts. However, there are exceptions that allow for retrials under specific conditions, such as when distinct offences are involved or when a person’s prior trial was conducted by a court that lacked jurisdiction.
Question & Answers
Q1: What does Section 337 state about a person who has been convicted or acquitted?
A1: A person who has been convicted or acquitted of an offence cannot be tried again for the same offence while the conviction or acquittal remains in force.
Q2: Can a person acquitted of an offence be tried for a different offence?
A2: Yes, a person acquitted or convicted may be tried for a distinct offence with the consent of the State Government.
Q3: What happens if new consequences arise after a conviction?
A3: If new consequences arise that were not known at the time of conviction, the person may be tried for a different offence related to those consequences.
Q4: Are there any exceptions for being tried again after an acquittal or conviction?
A4: Yes, if the court that initially tried the person was not competent to try the subsequent charge, the person may be charged again.
Q5: What is required for a person discharged under section 281 to be tried again?
A5: A person discharged under section 281 cannot be tried again for the same offence unless consent is given by the court that discharged them or a subordinate court.
Example
- Example 1: A is acquitted of theft as a servant. He cannot be tried again for theft based on the same facts.
- Example 2: A is convicted of causing grievous hurt. If the injured person dies later, A can be tried for culpable homicide.
- Example 3: A, B, and C are convicted of robbery. They can be charged with dacoity on the same facts afterwards.
Summary
Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects individuals from being tried multiple times for the same offence or on the same facts. It outlines specific scenarios where retrials are permitted, including consent from the State Government or when new charges arise from subsequent events. This section reinforces the legal principle of finality in criminal proceedings while allowing for necessary exceptions.
