Criminal Procedure | Updated 18 October 2026

Section 300 CrPC and Section 337 BNSS: Protection Against a Second Trial

Indian criminal procedure generally prevents a person who has already been convicted or acquitted by a competent court from being tried again for the same offence while that decision remains in force. This rule, often discussed as the protection against double jeopardy, was contained in Section 300 of the Code of Criminal Procedure, 1973 and is now addressed by Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Current legal position: The BNSS took effect on 1 July 2024. Section 337 is the corresponding current provision. Section 531 BNSS contains repeal and savings rules relevant to proceedings pending when the new law commenced. Whether the former or current procedure applies must be assessed for each case.

What does the bar against a second trial mean?

The rule applies when a competent court has previously tried a person and entered a conviction or acquittal that remains in force. It restricts another trial for the same offence and certain alternative charges based on the same facts. The existence of the earlier decision, jurisdiction of the first court, identity of the accused, and legal character of the proposed second charge are important considerations.

Constitutional protection: Article 20(2) of the Constitution of India provides that no person shall be prosecuted and punished for the same offence more than once. The statutory bar under criminal procedure is framed more broadly in important respects, including its application to acquittals. Neither rule means that every subsequent proceeding involving related facts is automatically prohibited.

Section 300 CrPC: Original statutory provisions

Section 300 of the Code of Criminal Procedure, 1973 was titled Person once convicted or acquitted not to be tried for same offence. The six subsections are reproduced below, including their historical cross-references.

Section 300(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 221, or for which he might have been convicted under sub-section

Section 300(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 220.

Section 300(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.

Section 300(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.

Section 300(5)

A person discharged under section 258 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.

Section 300(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.

Statutory explanation

-The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.

For historical CrPC proceedings, the cross-references include Sections 220, 221, 258 and 188 of that Code and Section 26 of the General Clauses Act, 1897.

Section 337 BNSS: Present legal provision

Section 337(1): A conviction or acquittal following trial by a competent court generally bars a second trial for the same offence, including specified alternative charges on the same facts. The corresponding BNSS reference for alternative charges is Section 244.

Section 337(2): A later trial for a distinct offence that could have been separately charged may proceed with the State Government's consent, in the circumstances set out in Section 243(1) BNSS.

Section 337(3): A subsequent trial can be permitted where later consequences of the act create a different offence and those consequences had not occurred, or were not known to the court, when the earlier conviction was entered.

Section 337(4): A later trial for another offence arising from the same acts may be possible where the court that conducted the first trial lacked competence to try that other offence.

Section 337(5): A person discharged under Section 281 BNSS cannot be retried for the same offence without the consent of the discharging court or a court to which it is subordinate.

Section 337(6): The section does not affect Section 26 of the General Clauses Act, 1897 or Section 208 BNSS. Its explanation makes clear that dismissal of a complaint or discharge is not, by itself, an acquittal for this purpose.

These rules should be read with the exact statutory language in the BNSS text hosted by the Bureau of Police Research and Development.

Six statutory illustrations under Section 300 CrPC

The following illustrations are retained from the original provision. Their purpose is to show how the bar and exceptions work in different factual situations.

  1. Illustration (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 theft simply, or with criminal breach of trust.
  2. Illustration (b). A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
  3. Illustration (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.
  4. Illustration (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.
  5. Illustration (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.
  6. Illustration (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.

The illustrations use the terminology and court classifications of the statutory text. Their application depends on the current jurisdictional framework and the facts of the case.

Frequently asked questions

What is the BNSS equivalent of Section 300 CrPC?

Section 337 BNSS corresponds to Section 300 CrPC and addresses the restriction on repeated trials after conviction or acquittal.

Can an acquitted person be tried again for the same offence?

Generally not while a valid acquittal by a competent court remains in force, subject to applicable statutory provisions and lawful appellate or revisional processes.

Is discharge the same as acquittal?

No. The statutory explanation distinguishes discharge and dismissal of a complaint from acquittal. Separate restrictions may nevertheless apply to particular types of discharge.

Does the rule prohibit trials for every offence arising from the same incident?

No. The statute provides carefully defined exceptions, including distinct offences with the required consent, subsequently discovered consequences and cases involving a first court without jurisdiction over the other offence.

Does Article 20(2) provide the same protection as Section 337 BNSS?

They are related but not identical. Article 20(2) refers to prosecution and punishment for the same offence more than once, whereas Section 337 regulates repeat trials following conviction or acquittal.

Official legal references

This article is general legal information, not case-specific advice. Consult the current legislation and binding judgments before relying on any procedural exception.