Code: Section 337 BNSS
337. (1)
Any 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 BNSS.
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, while the acquittal remains in force, be charged with theft as a servant, or on the same facts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. If the person injured dies afterwards, 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 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 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 of, robbing D. A, B, and C may afterwards be charged with, and tried for, dacoity on the same facts.
Explanation of Section 337 BNSS
Section 337 BNSS enshrines the principle of double jeopardy, preventing an accused person from being tried again for the same offence—or for any offence arising from the same facts—once a trial has concluded with a conviction or acquittal. This protection is subject to several exceptions:
- Double Jeopardy Principle:
Once an accused has been tried and the outcome (conviction or acquittal) remains in force, they cannot be retried for that same offence or for another offence based on the same facts, ensuring that an individual is not subjected to multiple prosecutions for a single set of circumstances. - Exceptions to Double Jeopardy:
- A person may be tried for a distinct offence with the consent of the State Government if the charges could have been brought in the earlier trial under different provisions (e.g., under Section 243).
- If the consequences of an act—which, together with the act, constituted a different offence—were not known or had not occurred at the time of conviction, subsequent trial for that different offence is allowed.
- If the initial trial was conducted by a court not competent to try a particular offence, a subsequent trial for that offence may proceed.
- A person discharged under Section 281 cannot be retried for the same offence except with the consent of the court that discharged him or a higher subordinate court.
- Non-Acquittal:
The section clarifies that dismissals of complaints or discharges are not equivalent to an acquittal under its protection.
Illustrations & Case Examples
Example 1: Theft as a Servant
- Scenario: A is tried for theft as a servant and acquitted.
- Application: A cannot later be charged with theft (in any form or variation such as criminal breach of trust) on the same facts while the acquittal remains in force.
Example 2: Grievous Hurt vs. Culpable Homicide
- Scenario: A is tried for causing grievous hurt and convicted.
- Application: If the injured person dies later, A may be tried for culpable homicide because the death constitutes a new consequence not known at the time of the first trial.
Example 3: Culpable Homicide and Murder
- Scenario: A is charged before the Court of Session and convicted of culpable homicide.
- Application: A may not later be tried for murder on the same facts, as the two offences arise from the same set of facts, and the principle of double jeopardy applies.
Example 4: Voluntarily Causing Hurt vs. Grievous Hurt
- Scenario: A is convicted of voluntarily causing hurt.
- Application: A cannot be retried for voluntarily causing grievous hurt on the same facts, unless the circumstances fall within the exception of sub‐section (3).
Example 5: Theft and Robbery
- Scenario: A is convicted of theft by a Magistrate of the second class.
- Application: A may later be charged and tried for robbery on the same facts if the law permits such a distinction.
Example 6: Robbery vs. Dacoity
- Scenario: A, B, and C are convicted of robbery.
- Application: They may later be charged with dacoity on the same facts, highlighting that a higher degree offence may be pursued if the facts support it.
Common Questions and Answers on Section 337 BNSS
1. What is the primary purpose of Section 337 BNSS?
Answer: To protect an individual from being tried again for the same offence or for any offence arising from the same facts once a trial has concluded with a conviction or acquittal.
2. Can an accused be retried for a different offence based on the same facts?
Answer: Generally no, unless it is a distinct offence that could have been charged in the earlier trial, subject to the consent of the State Government or if additional consequences not known at the time of conviction arise.
3. What does Section 337 say about discharges or dismissals?
Answer: The dismissal of a complaint or the discharge of the accused is not considered an acquittal for the purposes of this section; therefore, those outcomes do not trigger the double jeopardy protection.
4. Under what circumstances may a person be retried for a different offence even if previously tried?
Answer:
- With the State Government’s consent for a distinct offence as per subsection (2).
- If the subsequent offence arises from consequences unknown or not present at the time of the first trial (sub‐section (3)).
- If the court that conducted the initial trial was not competent to try the offence later charged (sub‐section (4)).
- For a person discharged under Section 281, retrial is only permitted with the consent of the discharging Court or its subordinate.
5. Are there any exceptions to the double jeopardy rule under Section 337?
Answer: Yes, the section allows retrial in cases involving distinct offences or where new consequences emerge, as well as in instances of jurisdictional incompetence in the first trial.
Conclusion
Section 337 BNSS robustly enshrines the double jeopardy principle, ensuring that once an accused has been tried and the outcome stands, they cannot be retried for the same offence or for any offence based on the same set of facts—except in narrowly defined, exceptional circumstances. This provision is essential for safeguarding individuals against repeated prosecutions and preserving the integrity of the judicial process.
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