Essay On Double Jeopardy

INTRODUCTION

Fundamental rights which are guaranteed under Article 20(2) of Constitution of India incorporates the principles of “autrefois convit” or double jeopardy which means person not to be punished twice for the same offence. Doctrine against Double Jeopardy is embodies in English common law maxim ‘nemo debet bis vexari, si constat curice quod sit pro una iti eadem causa” (no man shall be punished twice, if it appears to the court that it is for one and the same cause). It also follows the “audi alterum partem rule” which means no person can be punished for the same offence more than ones. And if a person is punished twice for the same offence it is termed as double jeopardy.

• Meaning of jeopardy - the word jeopardy refers to the “danger” of conviction that an accused person is subjected to when one

On the same lines section 300 of code of criminal procedure , 1973( hereinafter referred as cr.pc) provide protection against double jeopardy. It says:- The section embodies the common law principle contained in the doctrine of autre fois acquit and autre fois convict which means that if a person is tried and acquitted or convicted of an offence he cannot be tried again for the same offence or on the same facts for any other offence. This doctrine is also incorporated in Article 20 (2) of the Constitution.

Thus the rule is based on the principle that a person may not be put twice in jeopardy for the same offence. The six illustrations given in Section 300 explain the different situations, which constitute ‘same offence’ for invoking the provisions of this section. In order to bar the trial of a person already tried, it must be shown