Double Jeopardy Essay

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What is Double Jeopardy? The dictionary meaning of the double jeopardy says, “The prosecution of a person twice for the same offense” or “risk or disadvantage incurred from two sources simultaneously”. In India, a partial protection against double jeopardy (Autrefois convict) is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India. It states that "No person shall be prosecuted and punished for the same offence more than once". However it does not extend to autrefois acquit, and so if a person is ‘acquitted’ of a crime can be retried. The protection against autrefois acquit is a statutory right in our country and not a fundamental right. As per Indian Constitutions Article 20 “Protection in respect of conviction for offences” in the Constitution of India 1949 says, 1. No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence 2. No person shall be prosecuted and punished for the same offence more than once 3. No person accused of any offence shall be compelled to be a witness against himself Also the test of the guarantee under Article 20(2) is whether the person has been tried and punished, not for the same act, but for the same offence and this contention is that the offences here are different, though they may arise out of the same acts. In the view that we have taken this question does not arise for consideration at all. It is also not necessary to express any opinion on the question raised by the learned counsel for the petitioner as to whether for the purpose of attracting the operation of Article 20(2) the punishment must be imposed by the same authority before which the prosecution

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