Krishna (na) 17 May 2013

Is this double jeopardy??

Dear Experts,

My friend is accused in section 498a & 406. As per girl family my friend torchured her and she was taken to hosptial by her family and this incident happened in the city of my Friend. She was taken to her parents house and FIR was registered in her city. Now Chargesheet is already filed by police one year back.

Now girl family after one year later of filing chargesheet move new complaint case in court of my friend town with same fact and story but with one line added that police has not added section 323,324,307 & 506 and when they approached police to add these sections police told them (verbally no documens attach) they dont have power to add these section and they can only registered case under section 498a & 406 which is already done by them.

Is this double jeopardy. What are the remedies for my friend. My Friend have yet summoned by court.

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3 Replies

Satya Mani Tiwari (Service) 17 May 2013

FOR one incident only one FIR can be registered anywhere, the same was registered U/s 498A, 406 IPC.

As there was no fresh evidence or any new incident the case now cannot be registered in new Sections of law for the same old incident..

BEING PUNISHED TWICE FOR THE SAME OFFENCE IS DOUBLE JEOPARDY.

(Guest)

@Querist,

1.Double jeopardy is defined in Art 20(2) of Constitution of India.It says "No person shall be prosecuted and punished for the same offence more than once". It means if a person has been prosecuted and punished in a previous proceedings of and offence,he cannot be prosecuted and punished for the same offence is subsequent proceedings.

2.As laid down by the Supereme Court of INDIA[Ref.-State(NCT of Delhi) vs. Navjot Sandhu(2005) SCC 600],Prosecution and punishment under two sections of an Act,the offences under the two sections being distinct to each other,does not amount to double jeopardy.

3.Apply the second paragraph's principle to your case,it can be remarked that you have not yet been convicted in a previous proceedings,thereby,another FIR can be lodged within a different jurisdiction.[Read with paragraph 4]

4.Paragraph 3 is relevant in your case because 498-A is a continuing offence.She may allege that the alleged voilence took place in currently residing place.

5.At last,on the remedy version,Just let her file false cases.These all things will work for your later on. What you can do right now is to just gather evidences to protect yourself. Also,don't forget to record all the conversation you are likely to do with your IN-LAWS.

If you have committed no wrong, you needn't to worry but rather just put the facts in a right way before the Court of Law.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,