conviction

This query is : Resolved 
 

(Querist)
28 October 2009

Accused is charged under two penal statutes and both carry the same imprisonment. Can the accused be convicted in both the Statute like say convicted for offence u/s ___ IPC read with TADA/POTA


James Arun (Expert)
28 October 2009

Yes. Accused can be convicted, if proved beyond reasonable doubt, in more than one applicable laws. The quantum of exact punishment/sentence depends on the Judge.

Kiran Kumar (Expert)
28 October 2009

yes he can be convicted in this manner.

Theja (Expert)
28 October 2009

The accused may be charged under two different statutes. An offence may be covered under a general law and also, sometimes there may be aspecific law govering such offences. In such cases the two laws shall go hand in hand. The quantum of punishment depends upon the language mentioned in that particular statute. In such situations, the order of precendence shall be mentioned in that statues,saying, for eg., 'in the event of any inconsistency or overlapping the specific law may prevail over the current'.

Theja (Expert)
28 October 2009

But, he can not be convicted for the same offence twice.

Sachin Bhatia (Expert)
28 October 2009

Yes. accused can be convicted under two penal statutes.

Raj Kumar Makkad (Expert)
28 October 2009

This is no strange. If offence committed under two different statutes, definitely conviction under both the statutes is mandatory.

mmn (Expert)
28 October 2009

but if he is tried for both such offences at one trial and found guilty for both then the judge has the powe to direct that the sentences shall run concurrently i.e. if he is sentenced to 5 years imprisonment for one offence and 3 years for the other then the total imp. which he will have to undergo would be 5 years only.

Arvind Singh Chauhan (Expert)
29 October 2009

Sir,
If the nature of offense, place of occurrence, time and the aggrieved against whom the offense is committed are same, he should not be convicted twice in two different statute.
I hope if the matter is pleaded before High Courts or Supreme Court. Accused may get relief. It is against the natural justice and is double jeopardy. It is a violation of constitutional right.

Sukhija (Expert)
29 October 2009

Yes. accused can be convicted under two penal statutes.
I do not agree with Expert Arvind.



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