Can someone be tried again after being acquitted?

No — Section 300 and Article 20(2) bar double jeopardy. Person acquitted by competent court cannot be tried again for same offence. State appeal against acquittal is not a new trial.

Does double jeopardy apply to incompetent court trials?

No — Section 300 applies only to trials before courts of 'competent jurisdiction'. Trial before incompetent court does not create double jeopardy; fresh trial in competent court is valid.

Section 300 — Double Jeopardy — Person Once Convicted or Acquitted Not to Be Tried for Same Offence | Code of Criminal Procedure | LawCodeHub

Section 300(1): A person once tried by a Court of competent jurisdiction and convicted or acquitted of an offence shall not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge might have been made under Section 221.

Explanation

Section 300 is the statutory double jeopardy protection. Reinforced by Article 20(2): 'No person shall be prosecuted and punished for the same offence more than once.' The provision: (1) bars re-trial after acquittal for same offence; (2) bars re-trial after conviction for same offence; (3) bars trial for different offence on same facts that could have been charged in original trial. Key limitations: only applies to trials before 'competent jurisdiction' courts; appeals are not new trials — they are continuation of same proceedings. The protection attaches to the 'same offence' — if new facts establish a genuinely separate offence, prosecution is not barred.

Double Jeopardy — Person Once Convicted or Acquitted Not to Be Tried for Same Offence

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