Under Section 300 of the CrPC, a person who has once been tried and co…

Question

Under Section 300 of the CrPC, a person who has once been tried and convicted or acquitted by a Court of competent jurisdiction:

Accepted Answer

C. {'text': 'Shall not, while such conviction or acquittal remains in force, be liable to be tried again for the same offence', 'label': 'C'}

1. Section 300 CrPC codifies the **double jeopardy** rule.
2. The lesson reproduces the section: a person once tried by a Court of competent jurisdiction for an offence and convicted or acquitted "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".
3. A discharge under Section 258 (summons case) gives similar protection subject to consent of the discharging or superior court.
4. Fresh evidence and procedural irregularity do not by themselves reopen the case under section 300.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._

Answer

{'text': 'May be re-tried for the same offence on fresh evidence becoming available within twelve months of acquittal', 'label': 'A'}

Answer

{'text': 'May always be re-tried on the same facts if the State Government issues a fresh sanction within twelve months', 'label': 'B'}

Answer

{'text': 'Shall be re-tried if the trial court records that there was procedural irregularity in the original trial', 'label': 'D'}