Law: Criminal Procedure Code (V of 1898)

Section: 403

 Criminal Procedure Code (V of 1898)--------   -----S. 403-Scope and applicability-Offence, for which accused tried subsequently, neither part of offence alleged at previous trial nor in any manner connected with facts alleged at earlier trial-Whether provisions of Section attracted-"Same" and "similar" facts- Distinct-Autrefois acquit and autrefois convict-Principles how far and to what extent applicable in cases not falling within purview of S. 403 Criminal Procedure Code (V of 1898), Ss. 233 to 237.   Section 403, has no application to a case where the subsequent offence for which the accused is being tried subsequently did not form part of the offence alleged at the previous trial; nor is this section attracted to a case in which the subsequent offence is not, in any manner, connected with the facts alleged at the earlier trial. Apart from the offence for which the accused may have already been tried and convicted or acquitted at the previous trial, the protection contained in subsection (1) of section 403 extends to an offence -for which a charge different from the one made against the accused at the previous trial might have been made on the' same facts under section 236, Cr. P. C., and also in respect of an offence for which. he might have been convicted at the previous trial under section 237, Cr. P. C.; but the protection clearly does not extend to those offences which are completely distinct or those which arise out of facts not at all alleged at the previous trial. A distinction has to be made here between "same" and "similar facts". The bar against a fresh trial does not extend to similar facts.   In cases of acquittal where section 403, Cr. P. C., does not apply in terms, the principle of autrefois acquit embodied in the section may be properly invoked in order to meet the ends of justice. When a person has been tried on certain charges and acquitted, it will be clearly unjust and highly oppressive and amount to an abuse of the process of the Court to permit his repeated prosecution on identical evidence in respect of identical charges, even though relating to different items. While…