Section 126Part 6 — Procedure in Trials before the Grand Court
Effect where previous offence charged was without aggravation
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Subject to section 34, where an indictment charges substantially the same offence as that charged in the indictment on which the accused was given in charge on a former trial, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous acquittal or conviction shall be a bar to the subsequent indictment.
A previous acquittal or conviction on an indictment for murder shall be a bar to a second indictment for the same homicide charging it as manslaughter; and a previous acquittal or conviction on an indictment for manslaughter shall be a bar to a second indictment for the same homicide charging it as murder.
Cross References
- Section 34 of Criminal Procedure Code
exception to previous acquittal or conviction bar