Section 337 BNSS: Person once convicted or acquitted not to be tried for same offence
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 337 BNSS at a Glance
Section 337 BNSS deals with person once convicted or acquitted not to be tried for same offence. It replaced Section 300 CrPC on 1 July 2024.
Section 337 BNSS Bare Act Text
(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.Illustrations.The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.
(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.
Source: Section 337, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 337 BNSS in Simple Words
Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a person who has once been tried by a Court of competent jurisdiction and convicted or acquitted shall not be liable to be tried again for the same offence while that conviction or acquittal remains in force.
It also bars a fresh trial on the same facts for any other offence where a different charge might have been made under Section 244(1) BNSS or a conviction might have followed under Section 244(2) BNSS.
Section 337 BNSS also specifies when a later trial is permitted, including with State Government or Court consent, for later or unknown consequences, or when the first Court lacked competence.
When Section 337 BNSS Applies
- 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.
Example of Section 337 BNSS
When Section 337 BNSS Does Not Apply
- The bar on a second trial following an acquittal under Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where a complaint is dismissed or the accused is discharged, because neither is an acquittal for the purposes of Section 337 BNSS.
- The bar on a second trial under Section 337(1) BNSS does not apply when the earlier conviction or acquittal no longer remains in force.
- The bar against another trial on the same acts does not apply under Section 337(4) BNSS when the Court that first tried the person was not competent to try the offence with which the person is subsequently charged.
- Section 337(6) BNSS does not affect the operation of Section 26 of the General Clauses Act, 1897 or of Section 208 of the Sanhita.
Section 337 BNSS in the CrPC (Previous Law)
Section 337 BNSS replaced Section 300 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 337 BNSS
Does the dismissal of a complaint or the discharge of the accused count as an acquittal under Section 337 BNSS?▼
The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as stated in its Explanation. Where a person is discharged under Section 281 BNSS, Section 337(5) BNSS bars a fresh trial for the same offence except with the consent of the discharging Court or any other Court to which the first-mentioned Court is subordinate.
When may a person be tried afterwards for a distinct offence under Section 337 BNSS?▼
A person who has been acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against that person at the former trial under Section 243(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 337(2) BNSS requires the consent of the State Government before such a subsequent trial for that distinct offence may take place.
What happens under Section 337 BNSS if new consequences occur after a conviction?▼
If a person is convicted of an offence constituted by an act causing consequences which, together with that act, constituted a different offence from the one of which the person was convicted, Section 337(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits a subsequent trial for that last-mentioned offence. This applies only if the consequences had not happened, or were not known to the Court to have happened, at the time when the person was convicted.
Can a person be tried again under Section 337 BNSS if the first Court was not competent to try the subsequent offence?▼
Yes. First, the general bar in Section 337(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies only where the person was tried by a Court of competent jurisdiction. Second, Section 337(4) BNSS provides that a person acquitted or convicted of any offence constituted by any acts may subsequently be charged with and tried for any other offence constituted by the same acts if the Court that first tried the person was not competent to try the subsequent offence.
What changed from Section 300 CrPC to Section 337 BNSS from 1 July 2024?▼
From 1 July 2024, Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 300 of the Code of Criminal Procedure, 1973 without any change in the substantive rule. All changes are changes of form, namely renumbering the section, replacing the word Code with Sanhita, updating internal cross-references to Sections 244, 243, 281, and 208 BNSS, omitting the Act number after the General Clauses Act, 1897 in Section 337(6) BNSS, and minor punctuation adjustments.
Section 337 BNSS: Sub-sections Explained
Section 337(1) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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.
Section 337(2) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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.
Section 337(3) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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 337(4) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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 337(5) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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.
Section 337(6) BNSS: Person once convicted or acquitted not to be tried for same offence
▶
Bare Act Text
(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.Illustrations.The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.
(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.
Have questions about Section 337 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·