CHAPTER XXI
PREVIOUS ACQUATTALS OR CONVICTIONS
207.
Person Once Convicted Or acquitted Not To Be Tried for the same Offence
(1)
(2)
(3)
A person who has once been tried by a Court of competent jurisdiction for an
offence and convicted or acquitted of that offence shall, while such conviction or
acquittal remains in force, not be liable to be tried again for the same offence and
the same facts, or for any other offence for which a different charge from the one
made against him might have been made under section 203 or of which he might
have been convicted under section 204.
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.
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.
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 the 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 a High Court and convicted of the culpable homicide not
amounting to murder of B. A may not while the conviction remains in force
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 while the conviction remains in force
afterwards be tried for voluntarily causing grievous hurt to B on the same facts,
unless the case comes within sub-section (2).
(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 brigandage
on the same facts.
70
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات