300.Person once convicted or acquitted not to be tried for same offence
XXIV General Provisions As To Inquiries And TrialsVerified
(1)A who has been by a Court of competent jurisdiction for an and or of such shall, while such conviction or acquittal remains in force, not be liable to be again for the , nor on the facts for any other for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been under sub-section (2) thereof.
(2)A or of any may be afterwards , with the consent of the State Government, for any distinct for which a separate charge might have been made against him at the former trial under sub-section (1) of Section 220.
(3)A of any constituted by any act causing consequences which, together with such act, constituted a different from that of which he was , may be afterwards for such last-mentioned , if the consequences had not happened, or were not known to the Court to have happened, at the time when he was .
(4)A or of any constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and for, any other constituted by the acts which he may have committed if the Court by which he was first was not competent to try the with which he is subsequently charged.
(5)A discharged under Section 258 shall not be again for the except with the consent of the Court by which he was discharged or of any 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 188 of this Code.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 upon a charge of theft as a servant and . He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the facts, with theft simply, or with criminal breach of trust.(b)A is for causing grievous hurt and . The injured afterwards dies. A may be again for culpable homicide.(c)A is charged before the Court of Session and of the culpable homicide of B. A may not afterwards be on the facts for the murder of B.(d)A is charged by a Magistrate of the first class with, and by him of, voluntarily causing hurt to B. A may not afterwards be for voluntarily causing grievous hurt to B on the facts, unless this case comes within sub-section (3) of this section.(e)A is charged by a Magistrate of the second class with, and by him of, theft of property from the of B. A may subsequently be charged with, and for, robbery on the facts.(f)A, B and C are charged by a Magistrate of the first class with, and by him of, robbing D. A, B and C may afterwards be charged with, and for, dacoity on the facts.
