Examveda

Protection from double jeopardy means:

A. No person shall be prosecuted and punished for the same offence more than once

B. No person shall be prosecuted or punished for different offence again

C. No person shall be prosecuted for the same offence more than once

D. No person shall be punished for the same offence more than once

Answer: Option A


This Question Belongs to Law >> Constitution Of India

Join The Discussion

Comments (1)

  1. Spandan Choudhary
    Spandan Choudhary:
    1 year ago

    The correct answer is Article 20 (2).Key Points

    Double jeopardy means that a person cannot be prosecuted or punished for the same offense more than once.
    Double jeopardy is a fundamental principle of law in many countries, including the United States and India.
    The General Clauses Act of 1897 offers defense against double jeopardy as well.
    Article 20(2) of the Indian Constitution guarantees protection against double jeopardy.
    Article 20(2) also guarantees protection against self-incrimination and retroactive punishment.
    This provision enshrines the concept of autrefois convict, that no one convicted of an offence can be tried or punished a second time.

    However, it does not extend to autrefo is acquit, and so if a person is acquitted of a crime he can be re tried. In India, protection against autrefois acquitis a statutory right, not a fundamental one. Such protection is provided by provisions of the Code of Criminal Procedure or bnss rather than by the Constitution.

    Autrefois Acquit and Autrefois Convict are french terms meaning “previously acquitted” and “previously convicted” respectively.

    The Indian Constitution only imbibes the doctrine of Autrefois convict and not of Autrefois Acquit in the form of the rule against double jeopardy
    On the other hand, the Code of Criminal procedure (CrPC) inculcates the principle of autrefois convict as well as autrefois acquit
    Section 337 bnss
    A person who has been acquitted or convicted of an offense by a competent court cannot be tried again for the same offense.

    Section 26
    A person who has been acquitted of an offense cannot be charged with the same offense again.

    Section 403
    A person who has been acquitted of an offense cannot be charged with the same offense again.

Related Questions on Constitution of India