Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter XIII
209. Person once convicted or acquitted not to be tried again for same offence
Official textFrom Attorney General's Chambers, unchanged
A person who has been tried by a Syariah Court having jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, 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 from the one made against him might have been made under section 114 or for which he might have been convicted under section 1 1 5.
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under section 1 13(1).
A person convicted of any offence constituted by any act causing consequences which, together with such act. constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence. if the consequences had not happened or were not known to the Syariah Court to have happened at the time when he was convicted.
A person acquitted or convicted of any offence constituted by any act may. notwithstanding such acquittal or conviction, be subsequently charged w-ith and tried for any other offence constituted by the same acts which lie may have committed. if the Syariah Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section.
A is tried on a charge of gat1 and acquitted. There is no charge of hirabah but it appears from the facts that A committed hirabah at the time when the qatl was committed;
he may afterwards be charged with and tried for hirabah.
B is tried for causing it1a.f-al-udhw and convicted. The person injured afterwards dies because of such injury. B may be tried again for committing qotl.
C is tried on a charge of propagation of religion other than religion of Islam to a
Muslim and acquitted but it appears from the facts that C possessed publication contrary to
Syariah Courts 126 CAP.
Crin~inal Procedure Code
Hukum S'al-a'. C may afterwards be charged with the offence of possessing publication contrary to Hzlkum Syara '.
D is tried for omission to assist public servant when bound by law to give assistance and convicted. Afterwards, it appeared that the public servant had demanded such assistance of him. D may be tried again for omission to assist public servant after being demanded by such public servant to give him such assistance.
Terms defined in s 2
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
public servant
Defined · s 2"public servant" has the same meaning assigned to it under the Syariah Penal Code Order, 20 13 (S 69/20 1 3);
Part
Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
Part