(5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act,
1897 (X of 1897), or section 188 of this Code.
Explanation._ The dismissal of a��complaint, the stopping of proceedings under section 249, 1[or
the discharge of the accused] is not an acquittal for the purposes of this section.
Illustrations
(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 when 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.
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1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “the discharge of the accused or any entry made upon a charge under section 273”.
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