Conviction under two Acta for same offence

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved

The sessions Court has convicted and sentenced 8 accused as under :

1. for offences under Ss. 302/149 IPC - life imprisonment + penalty rs 3000/- each

2. for offences under Ss.3/2/5 SC ST Act - life imprisonment + penalty rs 2000/- each

3. for offence under s. 146 IPC - one year regorous imprisonment

The appeal is being listed for final hearing before the high court.
Now, s. 26 of the General Clauses Act provides for "...prosecution and punishment under either or any of those enactments but not to be punished twice for the same offence." Is this provision helpful to me , if yes, in what manner and what should be my line of argument ?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 30 March 2010
Offences are not same they are different sections accused are convicted for the offences 302/149 of IPC and sec 3(2)(5) of SCT/ST act. SEc 26 of General clause act will not help you.

Kiran Kumar (Expert) 30 March 2010
i agree with Rajeev, the offences are not same, one can be convicted under separate heads in a same trial....no question of double jeopardy in your case.

Raj Kumar Makkad (Expert) 30 March 2010
I have also similar opinion as of all other experts.

Querist : Anonymous (Querist) 30 March 2010
Kindly add in my query that occurrence is one and same for which accused have been convicted under two Acts.

Sanjeev Panda (Expert) 30 March 2010
The Section 26 of General Clauses Act is applicable if the punishment is for the same offense, i.e. if the ingredients of the offense are the same. But in your case it is different, so there is no question of double jeopardy. I agree with the opinion of the experts.

Raj Kumar Makkad (Expert) 30 March 2010
There may be various offences out of one and the same incident as seen in your case so you have no case at all in your favour.

Deekshitulu.V.S.R (Expert) 30 March 2010
The experts are right. At the most the punishments will run concuurently. No use

Querist : Anonymous (Querist) 30 March 2010
What does mean the words "either or any of those enactments" occurring in s. 26 of G C Act !!!

Gulshan Tanwar (Expert) 04 April 2010
Read proper books for the explanation of S.26 of General Clauses Act!!!

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries