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DOCTRINE OF DOUBLE JEOPARDY


INTRODUCTION-


The doctrine of double jeopardy is a fundamental right given in Part III of our Indian Constitution. It is defined in Article 20(2) of the Constitution. Art. 20(2) says that “no person shall be prosecuted and punished for the same offence more than once”. But there are some exceptions to this. The doctrine is based on the maxim of the English common law, Nemo Debet Bis Vexari. The maxim means that “ a man must not be put twice in peril for the same offence”.


CASE LAWS-


There are some cases which deals with the doctrine of double jeopardy-

  • Monica Bedi vs. State of Andhra Pradesh- The Supreme Court in this case said that actress Monica cannot be convicted in India in the fake passport case, as it will amount to “double jeopardy” because she got convicted by the Portuguese Court for the same offense.

  • Mohammad Ali vs. Sri Ram Swaroop- The court said that in cases where the person has committed various continuous offense, each offense will be counted as a new offense and has to be punished separately.

  • State of Haryana vs. Bhagwant Singh- The court in this case stated that in any departmental proceedings, the doctrine of double jeopardy will not apply.


Written By Alisha Singh, 2nd Year Law Student, Lloyd Law College, Greater Noida




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