Double Jeopardy
/ˈdʌbəl ˈdʒɛpərdi/
Constitutional / Criminal Law Principle
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Definition
The rule that a person cannot be tried or punished twice for the same offence. In India, Article 20(2) of the Constitution states: 'No person shall be prosecuted and punished for the same offence more than once.' Section 300 of the CrPC (Section 337 BNSS) also bars a second trial. The rule applies only where there has been a prior conviction or acquittal by a court of competent jurisdiction — not administrative proceedings or departmental inquiries.
Examples
Case Study
In Maqbool Hussain v. State of Bombay (1953), the Supreme Court held that proceedings before a Sea Customs Authority (an administrative body) do not constitute 'prosecution' for the purposes of Article 20(2). Criminal prosecution for the same act after customs adjudication is not double jeopardy. The protection applies only to courts or tribunals performing judicial functions.
Key Cases
Maqbool Hussain v. State of Bombay
1953AIR 1953 SC 325
Article 20(2) protection applies only to judicial prosecutions, not administrative proceedings. Sea Customs adjudication does not bar subsequent criminal prosecution. Landmark on the scope of double jeopardy in India.
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