Double Jeopardy

What is Double Jeopardy? The dictionary meaning of the double risk says, The prosecution of a somebody twice for the equal horror or risk or disadvantage incurred from two sources simultaneously. In India, a partial protection against double issue (Autrefois convict) is a Fundamental Right guaranteed under bind 20 (2) of the Constitution of India. It states that No person shall be prosecuted and punished for the aforementioned(prenominal) criminal offence more than once. However it does not devolve to autrefois acquit, and so if a person is acquitted of a execration commode be retried. The protection against autrefois acquit is a statutory dear in our country and not a radical right. As per Indian Constitutions Article 20 Protection in deference of conviction for offences in the Constitution of India 1949 says, 1.No person shall be convicted of every offence except for violation of the uprightness in world power at the time of the commission of the puzzle ou t supercharged as an offence, nor be subjected to a penalty greater than that which major power wipe out been inflicted under the law in big businessman at the time of the commission of the offence 2.No person shall be prosecuted and punished for the same offence more than once 3.

No person accused of both offence shall be compelled to be a witness against himself Also the test of the guarantee under Article 20(2) is whether the person has been tried and punished, not for the same act, plainly for the same offence and this contention is that the offences here are different, though they may ar ise out of the same acts. In the determine ! that we have taken this question does not arise for status at all. It is also not necessary to express any sound judgment on the question raised by the learned counseling for the petitioner as to whether for the purpose of attracting the movement of Article 20(2) the penalty must be imposed by the same endorsement before which the prosecution was conducted. The result is that, in our opinion, the petition fails and is dismissed. With...If you hope to get a full essay, direct it on our website: OrderCustomPaper.com

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