Section 403(5) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(5)Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1977, or section 188 of this Code.Explanation. - The dismissal of a complaint, the stopping of proceedings under section 249, the discharge of the accused or any entry made upon a charge under section 273, is not an acquittal for the purposes of this section.Illustration(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 upon a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time the murder was committed ; he may afterwards be charged with, and tried for; robbery.(c)A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.(d)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.(e)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 paragraph 3 of the section.(f)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 be subsequently charged with, and tried for, robbery on the same facts.(g)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.Part-VII Appeal, Reference and Revision.
