CrPC 300 to BNSS 337: Person once convicted or acquitted not to be tried for same offence
Section 300 CrPC (1973) replaced by Section 337 BNSS (2023)
CrPC 300 to BNSS 337 at a Glance
Section 300 CrPC (Person once convicted or acquitted not to be tried for same offence) is now Section 337 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 300 to BNSS 337?
Section 300 of the Code of Criminal Procedure, 1973 became Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with the substantive rule unchanged. Every difference between the texts is a change of form. Cross-references are updated from Section 221 CrPC to Section 244 BNSS in Section 337(1) BNSS, from Section 220 CrPC to Section 243 BNSS in Section 337(2) BNSS, from Section 258 CrPC to Section 281 BNSS in Section 337(5) BNSS, and from Section 188 CrPC to Section 208 BNSS in Section 337(6) BNSS, which also omits the Act number of the General Clauses Act, 1897. Section 337(4) BNSS, the Explanation and the Illustrations are worded as in Section 300 CrPC.
CrPC 300 vs BNSS 337: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 300 | 337 |
| Heading | Person once convicted or acquitted not to be tried for same offence | Same |
| Sub-sections | 6 sub-sections | Same |
| Cross-references | s.221, s.220, s.258, s.188 | s.244, s.243, s.281, s.208 |
CrPC 300 and BNSS 337: Bare Act Text Side by Side
Section 300, CrPC 1973
Section 337, BNSS 2023
When It Applies: CrPC 300 vs BNSS 337
- A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted shall not be liable to be tried again for the same offence, or on the same facts for another offence chargeable under Section 221(1) of the Code of Criminal Procedure, 1973 or convictable under Section 221(2) CrPC, while that conviction or acquittal remains in force.
- A person who has been acquitted or convicted of any offence may afterwards be tried under Section 300(2) CrPC, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against that person at the former trial under Section 220(1) CrPC.
- A person convicted of any offence constituted by an act causing consequences which together with that act constituted a different offence may afterwards be tried under Section 300(3) CrPC for that last mentioned offence if the consequences had not happened, or were not known to the Court to have happened, when the person was convicted.
- Notwithstanding an earlier acquittal or conviction, a person may subsequently be charged with and tried under Section 300(4) CrPC for any other offence constituted by the same acts if the Court by which the person was first tried was not competent to try the offence subsequently charged.
- A person discharged under Section 258 CrPC shall not be tried again for the same offence except with the consent of the Court by which the person was discharged or of any other Court to which that first-mentioned Court is subordinate.
- A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted shall not be liable to be tried again for the same offence, or on the same facts for another offence chargeable under Section 244(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 or convictable under Section 244(2) BNSS, while that conviction or acquittal remains in force.
- A person who has been acquitted or convicted of any offence may afterwards be tried under Section 337(2) BNSS, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against that person at the former trial under Section 243(1) BNSS.
- A person convicted of any offence constituted by an act causing consequences which together with that act constituted a different offence may afterwards be tried under Section 337(3) BNSS for that last-mentioned offence if the consequences had not happened, or were not known to the Court to have happened, when the person was convicted.
- Notwithstanding an earlier acquittal or conviction, a person may subsequently be charged with and tried under Section 337(4) BNSS for any other offence constituted by the same acts if the Court by which the person was first tried was not competent to try the offence subsequently charged.
- A person discharged under Section 281 BNSS shall not be tried again for the same offence except with the consent of the Court by which the person was discharged or of any other Court to which that first-mentioned Court is subordinate.
What CrPC 300 to BNSS 337 Means in Practice
FAQs: CrPC 300 to BNSS 337
Did the Bharatiya Nagarik Suraksha Sanhita, 2023 change the rule against a second trial for the same offence?▼
No. The rule in Section 300 of the Code of Criminal Procedure, 1973 is unchanged in Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both provisions bar a second trial for the same offence, or on the same facts for another offence covered by the referenced charge and conviction provisions, while an earlier conviction or acquittal by a Court of competent jurisdiction remains in force, and both keep the same exceptions in Section 300(2) CrPC through Section 300(6) CrPC and Section 337(2) BNSS through Section 337(6) BNSS.
Which cross-references changed between Section 300 CrPC and Section 337 BNSS?▼
The cross-references in Section 300 of the Code of Criminal Procedure, 1973 were updated as changes of form in Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In Section 337(1) BNSS, Section 221 CrPC became Section 244 BNSS. In Section 337(2) BNSS, Section 220 CrPC became Section 243 BNSS. In Section 337(5) BNSS, Section 258 CrPC became Section 281 BNSS. In Section 337(6) BNSS, Section 188 CrPC became Section 208 BNSS.
Did the Explanation or the Illustrations change between Section 300 CrPC and Section 337 BNSS?▼
No. The Explanation in both Section 300 of the Code of Criminal Procedure, 1973 and Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states in identical words that the dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of the provision. The Illustrations are also carried forward word for word, apart from a full stop after the heading Illustrations in Section 337 BNSS.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·