Sunday, March 31, 2013

Double Jeopardy

What is Double Jeopardy?
The dictionary meaning of the double insecurity says, The prosecution of a somebody twice for the equal aversion or risk or disadvantage incurred from two sources concurrently.
In India, a partial protection against double fortune (Autrefois convict) is a Fundamental Right guaranteed under bind 20 (2) of the Constitution of India. It states that No person shall be prosecuted and punished for the aforementioned(prenominal) offence more than once. However it does not devolve to autrefois acquit, and so if a person is acquitted of a execration can be retried. The protection against autrefois acquit is a statutory right in our country and not a radical 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 uprightness in powerfulness at the time of the commission of the puzzle out charged as an offence, nor be subjected to a penalty greater than that which might wipe out 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

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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 sound judgment on the question raised by the learned counseling for the petitioner as to whether for the purpose of attracting the operation of Article 20(2) the penalty must be imposed by the same endorsement before which the prosecution was conducted. The result is that, in our opinion, the petition fails and is dismissed.

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