Whether protection against double jeopardy is available against prosecution and punishment for different offence which also arises out of same incident?
From a bare perusal of the above said fundamental right enshrined in Part III of the Constitution, it is vivid that the Constitutional protection against repeat prosecution and punishment is in regard to the same offence.
10. The said constitutional protection cannot be stretched to the extent of including protection against prosecution and punishment for a different offence, which also arises out of the same incident.
Madhya Pradesh High Court
Nadimuddin vs The State Of Madhya Pradesh on 18 September, 2015
M.Cr.C. No. 7642/2015
BENCH AT GWALIOR
Citation;2016 CRLJ1408 MP HC
https://www.lawweb.in/2016/04/whether-protection-against-double.html