Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 337
This section of the BNSS deals with the principle of **double jeopardy**, which protects individuals from being tried twice for the same offense.
Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
Section 337 states that a person who has been tried for an offense and either convicted or acquitted cannot be tried again for the same offense, as long as that conviction or acquittal remains in force. This applies even if a different charge could have been made based on the same facts.
However, there are exceptions to this rule:
- Subsection (2): A person can be tried for a distinct offense with the consent of the State Government if a separate charge could have been made at the original trial.
- Subsection (3): A person convicted of an offense can be tried again for a different offense if the consequences of the act were not known at the time of the original conviction.
- Subsection (4): A person can be tried for a different offense if the original court was not competent to try the subsequent offense.
- Subsection (5): A person discharged under Section 281 can be tried again only with the consent of the discharging court or a higher court.
The dismissal of a complaint or discharge of the accused is not considered an acquittal for the purposes of this section.
Illustrations:
- (a) A is acquitted of theft as a servant. He cannot be tried again for theft as a servant or for theft in general based on the same facts.
- (b) A is convicted of causing grievous hurt. The victim later dies. A can be tried for culpable homicide.
- (c) A is convicted of culpable homicide. He cannot be tried again for murder based on the same facts.
- (d) A is convicted of voluntarily causing hurt. He cannot be tried for voluntarily causing grievous hurt based on the same facts, unless the case falls under subsection (3).
- (e) A is convicted of theft from a person. He can be tried for robbery based on the same facts.
- (f) A, B, and C are convicted of robbing D. They can be tried for dacoity based on the same facts.
Common Questions and Answers:
- Q: What is double jeopardy?
- A: Double jeopardy is the principle that a person cannot be tried twice for the same offense.
- Q: Does Section 337 apply to all offenses?
- A: Yes, this section applies to all offenses under the BNSS.
- Q: What does “distinct offense” mean?
- A: A distinct offense is one that is separate and different from the original offense, even if it arises from the same facts.
- Q: When can a person be tried again for a different offense?
- A: A person can be tried again for a different offense in the situations outlined in subsections (2), (3), (4), and (5) of Section 337.
