effect of discharge
Vijay Kumar
(Querist) 17 July 2011
This query is : Resolved
An accused is discharged by a criminal court.
Whether he can be prosecuted again on the same set of facts?
M/s. Y-not legal services
(Expert) 17 July 2011
File an appeal against acquittal before high court.. But the public prosecutor only can appeal regard this.
s.subramanian
(Expert) 18 July 2011
No. It cannot be done. It is done, it would be illegal as per Art.20 of the Constitution of India
THANKACHAN V P
(Expert) 18 July 2011
I respectfully disagree with S. Subramaniam . Art 20's corresponding provision can be seen in S.300 Crpc which says
(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 subsection (2) thereof.
(2) A person acquitted or convicted of any offence afterwards tried with the consent of ore State Government for any distinct offence for which a separate charges 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
. Hope my friend have noticed the explanation .
