Double Jeopardy | Constitution of India

Q. What is the doctrine of double jeopardy? Explain. [10 marks - 2022]
Q. What do you mean by the doctrine of 'Double Jeopardy'? [4 marks - 2021]
Q. Write short note on 'Double Jeopardy'? [4 marks - 2018]


Double Jeopardy

Double jeopardy is a protection against multiple forms of prosecution. It aims at protecting a person to be tried twice for the same offence based on the same conduct.

The doctrine of double jeopardy is a rule that states that no one should be put twice in peril for the same offence.  The Constitution of India in article 20(2) states “No individual shall be arrested and punished for the same offence more than once”. The doctrine evolved from the United States Constitution. 

The doctrine existed even before the Constitution came into being, in the General Clauses Act of 1897, Sections 300 and 26 of the Criminal Procedure Code of 1973.

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