Section 300 in The Code Of Criminal Procedure, 1973
300. 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 offense and convicted or acquitted of such offense shall while such conviction or acquittal remains in force, not be liable to be tried again for the same offense nor on the same facts for any other offense for which a different charge from the one made against him might have been made under sub-section (1) of section 221 or for which he might have been convicted under sub-section (2) thereof.
(2) A person acquitted or convicted of any offense may be afterward tried with the consent of the State Government, for any distinct offense for which a separate charge might have been made against him at the former trial under sub-section (1) of section 220.
(3) A person convicted of any offense constituted by any act causing consequences which, together with such act constituted a different offense from that of which he was convicted maybe afterward tried for such last-mentioned offense 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 offense constituted by any acts may notwithstanding such acquittal or conviction be subsequently charged with and tried for any other offense 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 offense with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same offense except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 (10 of 1897 ) or of section 188 of this Code. Explanation.- The dismissal of a complaint, 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 afterward 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 for causing grievous hurt and convicted. The person injured afterward dies. A may be tried again for culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterward be tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterward be tried for voluntarily causing grievous hurt to B on the same facts unless the cage comes within subsection (3) of this section.
(e) 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 subsequently be charged with, and tried for, robbery on the same facts.
(f) 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 afterward be charged with and tried for dacoity on the same facts.