Art 20(2) of the Constitution & Sec 26 of General Clause Act
Querist :
Anonymous
(Querist) 09 September 2010
This query is : Resolved
Dear Experts,
1.Article 20 (2) of the constitution of India states " NO PERSON SHALL BE PROSECUTED AND PUNISHED FOR THE SAME OFFENCEMORE THAN ONCE."
2. Sec. 26 of the General clause Act 1897 says: Where an act or omission constitutes an offenceunder two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments,but shall not be liable to be punished twice for the same offence.
The question is :
1.Is a simultaneous prosection under Section 20 (1) (d) of Protection of Women from Domestic Violence Act-2005 and also U/S 125 Cr.P.C. contrary to the aforesaid Article of the Constitution and also to Sec. 26 of General Clause Act 1897.
2.Is there any ruling of Apex Court or any High Court on this. If yes, then kindly provide the citation.
s.subramanian
(Expert) 03 October 2010
First of all please note that proceedings under SEc.125 is not criminal prosecution at all. It is for claim of maintenance. Therefore in your case doctrine of double jeopardy has no application at all..
