Section 403 in The Code of Criminal Procedure, 1973
403. Option of Court to hear parties.
- Save as otherwise expressly provided by this Code
Punjab the Apex Court considered the ambit of Section 403 of the Code of Criminal Procedure. It was held that the effect of a verdict ... principle of "Issue estoppel" in criminal cases is stated thus:
1. Section 403 , Cr.P.C. governs the entire principle of autrefois acquit
aside.
12. The plea of the appellant effectively falls within Section 403 Criminal Procedure Code. We have held that the trial in the court ... appellant in jeopardy a second time which would contravene Section 403 of the Criminal Procedure Code."
27. Hon'ble A.K. Sarkar
statutes in India namely- section 11 Civil Procedure Code ., sections 40 to 43 Indian Evidence Act and section 403 Criminal Procedure Code . But none ... section 40 .
(12) Shri Mulla then contended that the principle of res judicata in criminal proceedings is confied to section 403 Criminal Procedure Code
constituting more than one offence within Section 235 (1) , Criminal Procedure Code. If this be right, then Section 403(2) will prevent an acquittal ... English procedure because Section 403 Criminal Procedure Code, is so generally worded, and there is nothing in the Criminal Procedure Code to amplify
under Section 436 Penal Code at the trial under the provisions of Sub-section (1) of Section 235 Cr.PC. Hence Section 403 ... charges under Section 323 , 451 and 427 IPC by taking recourse to the provisions of Section 256 Cr.PC, Section 300 Cr.PC does
Section 26 of the General Clauses Act, 1897 (X of 1897), or Section 188 of this Code". Under Section 403 , Criminal Procedure Code ... Section 236 , Criminal Procedure Code, for offences under Sections 409 and 477A , Indian Penal Code. This case is covered by Section 403(2), Criminal Procedure
complaint under Section 248 , Criminal Procedure Code even before the accused is questioned under Section 242 , Criminal Procedure Coder would amount to a trial ... meaning of Section 403 , Criminal Procedure Code.
5. In the Code of Criminal Procedure , 1898 in dealing with definitions under Section 4 , it is stated
prosecution has recourse to Section 222(2) , Criminal Procedure Code and even though the benefit of Section 403 , Cr. P.C. is not technically available ... Section 222 Sub-section (2), Section 403 will not operate as a bar for the present trials. Section 233 , Criminal Procedure Code, states that
present prosecution cannot be said to be in violation of Section 403 , Criminal Procedure Code or Article 20(2) of the Constitution of India ... other set of labels found with him. The bar of Section 403 , Criminal Procedure Code would arise, if the person be prosecuted for both