double jeopardy in india
RIGHTS OF AN ACCUSED:
‘DOUBLE JEOPARDY’
CONTINOUS ASSESSMENT-III FOR CONSTITUTIONAL GOVERNANCE
SUBMTTED BY: Wayne Rooney
SUBMITTED TO: PROF. K.L. BHATIA
INTRODUCTION
________________________________________________________________
It is a well-settled principle of law that a man must not be put twice in peril for the same offence or must not be punished for the same offence. Our Indian Constitution guarantees the aforementioned right under Article 20(2) of the Constitution1 along with other rights such as equal protection of laws2, freedom of speech and expression3, freedom of practice and propogation of religion4, freedom of assembly and association5, freedom to move freely6 and to reside and settle anywhere in India7 and many more.
As has been said above, when a person has been convicted for an offence by a competent court, the conviction serves as a bar to any further criminal proceedings against him for the same offence. This principle is known as “Doctrine of Double Jeopardy”.8 The roots of the doctrine of Double Jeopardy can be traced to the Latin maxim 'Nemo debet bis vexari'.
If a person is indicted again for the same offence in a court, he can plead, as a complete defence, his formal acquittal or conviction, or, as it is technically expressed, he can take the plea of autrefois acquit or autrefois convict.9 The principle was in existence in India even prior to the commencement of the Constitution,10 but now the same has been given the status of a constitutional, rather than a mere statutory guarantee.11
Article 20(2) reads as, “No person shall be prosecuted and punished for the same offence more than once.”
Article 14, Constitution of India.
3 Article 19(1)(a), Constitution of India.
4 Article 25(1), Constitution of India.
5 Article 19(1)(c), Constitution of India.
6 Article 19(1)(d), Constitution of India.
7 Article 19(1)(e), Constitution of India.
8 MP Jain, Indian Constitutional Law, 6th Edition, LexisNexis
‘DOUBLE JEOPARDY’
CONTINOUS ASSESSMENT-III FOR CONSTITUTIONAL GOVERNANCE
SUBMTTED BY: Wayne Rooney
SUBMITTED TO: PROF. K.L. BHATIA
INTRODUCTION
________________________________________________________________
It is a well-settled principle of law that a man must not be put twice in peril for the same offence or must not be punished for the same offence. Our Indian Constitution guarantees the aforementioned right under Article 20(2) of the Constitution1 along with other rights such as equal protection of laws2, freedom of speech and expression3, freedom of practice and propogation of religion4, freedom of assembly and association5, freedom to move freely6 and to reside and settle anywhere in India7 and many more.
As has been said above, when a person has been convicted for an offence by a competent court, the conviction serves as a bar to any further criminal proceedings against him for the same offence. This principle is known as “Doctrine of Double Jeopardy”.8 The roots of the doctrine of Double Jeopardy can be traced to the Latin maxim 'Nemo debet bis vexari'.
If a person is indicted again for the same offence in a court, he can plead, as a complete defence, his formal acquittal or conviction, or, as it is technically expressed, he can take the plea of autrefois acquit or autrefois convict.9 The principle was in existence in India even prior to the commencement of the Constitution,10 but now the same has been given the status of a constitutional, rather than a mere statutory guarantee.11
Article 20(2) reads as, “No person shall be prosecuted and punished for the same offence more than once.”
Article 14, Constitution of India.
3 Article 19(1)(a), Constitution of India.
4 Article 25(1), Constitution of India.
5 Article 19(1)(c), Constitution of India.
6 Article 19(1)(d), Constitution of India.
7 Article 19(1)(e), Constitution of India.
8 MP Jain, Indian Constitutional Law, 6th Edition, LexisNexis