?
Competitive Exams
Aptitude
English
Verbal Reasoning
Non Verbal Reasoning
General Knowledge(GK)
General Science(GS)
Data Interpretation(DI)
Banking Awareness
Current Affairs
Computer & Programming
Computer Fundamentals
Networking
SQL
Database
C Programming
C++ Programming
Java
Python
Other Subjects
Commerce
Management
Law
Political Science
Psychology
Agriculture
Join the Discussion
Login to post a comment or share your explanation.
LoginDouble 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.