CrPC Section 403
Section 403 of the Code of Criminal Procedure (CrPC), 1973 (India):
⚖️ Section 403 CrPC – Person once convicted or acquitted not to be tried for same offence
Text (Simplified):
A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence:
Cannot be tried again for the same offence, or
For any other offence based on the same facts.
This is the legal principle of “Double Jeopardy”.
✅ Key Points:
If a person is convicted or acquitted by a competent court:
He cannot be prosecuted again for the same offence.
He cannot be tried again even for a different offence based on the same facts (with some exceptions).
This applies only when:
The first trial was valid and by a competent court.
The person was acquitted or convicted, not merely charged.
Exception:
If the court was not competent to try the second offence during the first trial, fresh trial may be allowed.
📜 Legal Principle Involved:
Based on Article 20(2) of the Indian Constitution:
“No person shall be prosecuted and punished for the same offence more than once.”
A fundamental safeguard against harassment and repeated prosecution.
🧑⚖️ Example:
If a person is tried and acquitted for theft, they cannot be tried again for the same theft.
If the same act could be considered theft and criminal breach of trust, the person can’t be retried for the second charge unless exceptions apply.
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