(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 (10 of 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.
Bharatiya Nagarik Suraksha Sanhita
Section 337
Person once convicted or acquitted not to be tried for same offence
⚡ Quick Answer Reference: Section 337 BNSS
- Provision: Section 337 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section means that if someone is tried and either found guilty or not guilty of a crime, they cannot be tried again for the same crime or for another crime based on the same facts, unless specific conditions are met.
What does Section 337 of BNSS say?
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What does Section 337 of BNSS mean?
Plain English Explanation
This section means that if someone is tried and either found guilty or not guilty of a crime, they cannot be tried again for the same crime or for another crime based on the same facts, unless specific conditions are met.
Practical Interpretation
In practice, this section prevents double jeopardy, ensuring a person is not tried twice for the same offence, promoting fairness and finality in legal proceedings.
Core Legal Purpose
The core purpose is to protect individuals from the harassment of multiple trials for the same offence, upholding the principle of finality and fairness in the judicial process.
- •A person must have been tried by a Court of competent jurisdiction for an offence.
- •The person must have been either convicted or acquitted of such offence.
- •The key legal test is whether the subsequent charge is for the same offence or based on the same facts as the previous trial.
- •A key exception allows for a subsequent trial with the consent of the State Government for a distinct offence.
Practical Example of Section 337 BNSS
Rajesh is tried and acquitted for the theft of a bike. Later, the prosecution cannot try Rajesh again for the same theft or for a related offence like criminal breach of trust based on the same facts, unless it meets one of the specified exceptions, such as the discovery of new consequences from the act, like the bike's owner suffering a financial loss that was not known at the time of the first trial.
Frequently Asked Questions about Section 337 BNSS
Q: What is the punishment or consequence under Section 337 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the conditions under which a person can or cannot be tried again for an offence.
Q: Does this section apply to private individuals or public entities?
This section applies to any person who has been tried by a Court of competent jurisdiction, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It addresses the principle of not trying a person twice for the same offence.
Common Questions about Section 337 BNSS
What is Section 337 of BNSS?
Section 337 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person once convicted or acquitted not to be tried for same offence". In plain terms: This section means that if someone is tried and either found guilty or not guilty of a crime, they cannot be tried again for the same crime or for another crime based on the same facts, unless specific conditions are met.
What is the punishment under Section 337 of BNSS?
Section 337 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 337 of BNSS bailable or non-bailable?
Whether Section 337 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 337 of BNSS?
The essential elements of Section 337 of BNSS are: A person must have been tried by a Court of competent jurisdiction for an offence.; The person must have been either convicted or acquitted of such offence.; The key legal test is whether the subsequent charge is for the same offence or based on the same facts as the previous trial..
Landmark Judgments under Section 337 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 337
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