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In which of the following cases can the accused claim the principle of autrefois acquit or convict?

Under s.337 BNSS (formerly s.300 CrPC) a person convicted of theft cannot be tried again on the same facts for theft in a building, being an offence for which a different…

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In which of the following cases can the accused claim the principle of autrefois acquit or convict?

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Correct answer B

Under s.337 BNSS (formerly s.300 CrPC) a person convicted of theft cannot be tried again on the same facts for theft in a building, being an offence for which a different charge could have been framed on the same facts, so the plea is available where "'A' was charged and convicted for the offence of theft. He was afterwards tried on the same facts for the offence of theft in a building.". The remaining situations involve distinct offences, or a new consequence such as the victim's later death, which s.337 permits to be tried separately.

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