Code of Criminal Proceding
AMITY LAW SCHOOL
CODE OF CRIMINAL PROCEDING
Made By: Predhiman Singh Jadon B.A.LL.B(H) A8111111119
INTRODUCTION It is too late to overemphasize or stress on the growing importance of the subject human rights and the different facets and dimensions thereof, both in the national and international spheres as well. The basic needs of the human beings are well recognized in almost every Constitution of the world and though the form or language may be different, the basic structure appears to be one and the same—the basic requirements and needs of the human beings. The concept of human rights has assumed very great global importance, be that an advanced country, developed nation or underdeveloped country. The universal opinion is uniform relating to protection of human rights. Sir Hersch Lauterpacht was pleased to observe: "The protection of human personality and of its fundamental rights is the ultimate purpose of all law, national and international."
The Universal Declaration of Human Rights, The UN Covenant on Economics, Social and Cultural Rights, the UN Covenant on Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, Rules of Procedure of the Permanent Arab Commission on Human Rights, are a few which may be referred to in this context. The term "Jeopardy" refers to the "danger" of punishment which is ascribed to any individual brought to trial before a court of competent jurisdiction. Procedural matters prior to trial do not constitute jeopardy, and that's why it's said that jeopardy attaches, or may be asserted by the defendant, once a jury has been sworn in, or the first witness takes the stand, in any original prosecution resulting in any acquittal or conviction. Jeopardy also attaches to any plea of guilty (treated the same as conviction) even if later withdrawn. Jeopardy does not attach to any proceedings resulting in nolle prosequi, mistrial, hung jury, or termination for any other "legally
CODE OF CRIMINAL PROCEDING
Made By: Predhiman Singh Jadon B.A.LL.B(H) A8111111119
INTRODUCTION It is too late to overemphasize or stress on the growing importance of the subject human rights and the different facets and dimensions thereof, both in the national and international spheres as well. The basic needs of the human beings are well recognized in almost every Constitution of the world and though the form or language may be different, the basic structure appears to be one and the same—the basic requirements and needs of the human beings. The concept of human rights has assumed very great global importance, be that an advanced country, developed nation or underdeveloped country. The universal opinion is uniform relating to protection of human rights. Sir Hersch Lauterpacht was pleased to observe: "The protection of human personality and of its fundamental rights is the ultimate purpose of all law, national and international."
The Universal Declaration of Human Rights, The UN Covenant on Economics, Social and Cultural Rights, the UN Covenant on Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, Rules of Procedure of the Permanent Arab Commission on Human Rights, are a few which may be referred to in this context. The term "Jeopardy" refers to the "danger" of punishment which is ascribed to any individual brought to trial before a court of competent jurisdiction. Procedural matters prior to trial do not constitute jeopardy, and that's why it's said that jeopardy attaches, or may be asserted by the defendant, once a jury has been sworn in, or the first witness takes the stand, in any original prosecution resulting in any acquittal or conviction. Jeopardy also attaches to any plea of guilty (treated the same as conviction) even if later withdrawn. Jeopardy does not attach to any proceedings resulting in nolle prosequi, mistrial, hung jury, or termination for any other "legally