(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 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 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 aquitted. 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.
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