CrPC 300→BNSS 337

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)

View CrPC Section 300 →View BNSS Section 337 →

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

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section300337
HeadingPerson once convicted or acquitted not to be tried for same offenceSame
Sub-sections6 sub-sectionsSame
Cross-referencess.221, s.220, s.258, s.188s.244, s.243, s.281, s.208

CrPC 300 and BNSS 337: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 300, CrPC 1973

300. Person once convicted or acquitted not to be tried for same offence.—(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 (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. (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 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. (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. (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. 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 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. (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.
BNSS 2023 (in force)

Section 337, BNSS 2023

337. Person once convicted or acquitted not to be tried for same offence.—(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 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. (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 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. (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.

When It Applies: CrPC 300 vs BNSS 337

Under CrPC 300
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
Under BNSS 337
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

Because the rule in Section 300 of the Code of Criminal Procedure, 1973 is carried forward without any substantive alteration into Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the bar on a second trial for the same offence and each statutory exception operate in the same manner. From 1 July 2024, the provision is found in Section 337 BNSS, with the related cross-references located in Sections 244, 243, 281, and 208 BNSS.

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 ·