1[(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Pakistan Penal
Code.]
2[402A. Sentences of death. The powers conferred by sections 401 and 402 upon the Provincial
Government may, in the case of sentences of death, also be exercised by the 3[President] 4* * *.
5[402B. Certain restrictions on the exercise of powers by Provincial Government. Notwithstanding
any thing contained in section 401 or sectoion 402, the Provincial Government shall not, except with the
previous approval of the President, exercise the powers conferred thereby in a case where the President has
passed any order in exercise of his powers under the Constitution to grant pardons, reprieves and respites or
to remit, suspend or commute any sentence or of his powers under section 402A].
6[402C. Remission or commutation of certain sentences not to be without consent. Notwithstanding
anything contained in section 401, section 402, section 402A or section 402B, the Provincial Government,
the Federal Government or the President shall not, without the consent of the victim or, as the case may be,
of his heirs, suspend, remit or commute any sentence passed under any of the sections in Chapter XVI of the
Pakistan Penal Code.]
CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence.(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 section 236, or for which he might have been convicted under section 237.
(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for
which a separate charge might have been made against him on the former trial under section 235, sub
section (1).
(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 lastmentioned 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.
1 Subsection (2) ins. by Act 18 of 1923, s. 108.
2 S.402A ins. by A.O.,1937, of the G. of I. Act, 1935, s. 295.
3 Subs. by A.O., 1961, Art. 2, for "Governor General" (with effect from the 23rd March, 1956).
4 The words "in his Discretion" rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and Sch. II.
5 New section 402B, ins. by the Code of Criminal Procedure (Amdt.) Act, 1973 (57 of 1973), s. 2 (w.e.f. 29673).
6 Added by Act II of 1997, s. 16.
Page 151 of 319