150 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.337
Under Section 337(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is prohibited while a conviction or acquittal remains in force?
- A.Bringing a civil suit based on the same facts
- B.Trying the person again for the same offence✓ correct
- C.Appealing the conviction to a higher court
- D.Commencing fresh administrative proceedings
Why: Section 337(1) states that a person once tried and convicted or acquitted shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence. The provision addresses criminal retrial, not civil, appeal or administrative matters.
Read Section 337 — Person once convicted or acquitted not to be tried for same offence →Q2 · easy · BNSS S.337
For the purposes of Section 337, is the dismissal of a complaint or the discharge of the accused considered an 'acquittal'?
- A.No, dismissal of a complaint or discharge is not an acquittal✓ correct
- B.Yes, dismissal or discharge is treated as an acquittal
- C.Only if the court expressly records an acquittal
- D.Only if the State Government so declares
Why: The Explanation to Section 337 expressly states: 'The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.' Therefore dismissal or discharge is not treated as an acquittal under Section 337.
Read Section 337 — Person once convicted or acquitted not to be tried for same offence →Q3 · medium · BNSS S.337
A person is tried and convicted for causing grievous hurt. The injured person dies after that conviction. Under Section 337, can the person be subsequently tried for culpable homicide based on the same acts?
- A.No, the conviction bars any further criminal trial on the same facts
- B.Yes, but only with the consent of the State Government
- C.Yes, if the consequences had not happened or were not known to the Court at the time of the conviction✓ correct
- D.Yes, only if the first court was not competent to try the later offence
Why: Section 337(3) allows subsequent trial for a different offence composed of the act plus consequences if 'the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.' Illustration (b) exemplifies grievous hurt followed by death permitting trial for culpable homicide.
Read Section 337 — Person once convicted or acquitted not to be tried for same offence →Q4 · medium · BNSS S.337
A person is charged by a Magistrate of the second class and convicted of theft of property from the person of B. Can that person subsequently be charged with and tried for robbery on the same facts?
- A.No, double jeopardy prevents any further trial on the same facts
- B.Yes, but only with the consent of the State Government
- C.Yes, only if the victim later dies or other consequences arise
- D.Yes, because Section 337(4) allows subsequent trial if the first court was not competent to try the later offence✓ correct
Why: Section 337(4) permits subsequent charge and trial for another offence constituted by the same acts if the Court by which the accused was first tried was not competent to try the subsequently charged offence. Illustration (e) specifically states that conviction by a Magistrate of the second class for theft from the person does not prevent later trial for robbery.
Read Section 337 — Person once convicted or acquitted not to be tried for same offence →Q5 · hard · BNSS S.337
If A is charged before the Court of Session and convicted of culpable homicide of B, may A afterwards be tried on the same facts for the murder of B under Section 337?
- A.Yes, if new evidence emerges after the first conviction
- B.No, A may not afterwards be tried on the same facts for murder✓ correct
- C.Yes, but only with the consent of the State Government
- D.Yes, provided the death occurred after the first conviction
Why: Illustration (c) to Section 337 states that where A is charged before the Court of Session and convicted of culpable homicide, A may not afterwards be tried on the same facts for murder. This reflects that the Court of Session is competent for the more serious offence, so subsection (4) does not permit a subsequent trial in this situation.
Read Section 337 — Person once convicted or acquitted not to be tried for same offence →145 more questions on General Provisions As To Inquiries And Trials
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