Double jeopardy


A person who has been prosecuted and acquitted can he take the plea of double jeopardy under art. 20(2).
If not, then does he have any other remedy.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

20(3) basically prohibits second punishment, it is not applicable when person is acquitted in the earlier trial. However Section 300 CrPC applies to bar second trial after an acquittal. 

 

 

300. Person once convicted or acquitted not to be tried for same offence.

 

(1) A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under subsection (2) thereof.

 

(2) A person acquitted or convicted of any offence afterwards tried with the consent of ore State Government for any distinct offence for which a separate charges have been made against him at the former trial under sub-section (1) of section 220.

 

(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened or were not known to the court to have happened, at the time when he was convicted.

 

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

 

(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the court by which he was discharged or of any other court to which the first-mentioned court is subordinate.

 

(6) Nothing in this section shall affect the provisions of section 26 of theGeneral Clauses Act, 1897 (10 of 1897) or of section 188 of this Code.

Explanation. The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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what about civil cases?

 
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Dy Director

You are not coming with full facts and bound to get incomeplete advise.

 
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