res judicata
Anil Kumar kamboj Delhi M-9650
(Querist) 11 September 2009
This query is : Resolved
whether res judicata apply in criminal proceeding also , if yes in which condition ,if not, why not pls confirm me most suitable wide commentry on this issueriven
Shivasurya
(Expert) 11 September 2009
Yes, in criminal case we use the legal maxim nemo debet vis vexari, which means that no man should put twice in peril for the same offence. According to Article 20(2) of our constitution, that no person shall be prosecuted and punished for the same offence more than once, we call it as protection against double jeopardy.riven
Raj Kumar Makkad
(Expert) 11 September 2009
Nothing remains to be added in the valuable and logical advice of Shivasurya.riven
Swami Sadashiva Brahmendra Sar
(Expert) 11 September 2009
Kindly supplement s. 300 of Cr.P.C. to Art. 20 (2)of the Constitution.
s. 300 bars trial whereas Art 20 (2)bars punishment only.The later does not bar trial as the words "prosecuted and punished" are to be read together.Thus s. 300 of Cr.P.C. gives wider protection than Art 20 (2)of the Constitution.riven
Shivasurya
(Expert) 11 September 2009
Thak You Dr. V.N. Tripathi for your valuable information. I thought our constitution of India is Grundnam/Parent law of our Country, the Cr.P.C. the substantial law, both laws will be applicable regarding protection of double jeopardyriven
Sachin Bhatia
(Expert) 11 September 2009
Good answer Mr.Shivasuryariven
Adinath@Avinash Patil
(Expert) 11 September 2009
Yes Res judicata applicable in criminal cases{As double jeopardy]riven
PALNITKAR V.V.
(Expert) 12 September 2009
Although the principle of Res judicata is used in Civil matters, it is none the less applied in criminal matters. Not only in the matters of prosecution and punishment, but it is applied in other matters like maintenance, bail, review, revisions etc. In short, once a matter is decided on merits, the same can not be agitated unless there is change in circumstances.riven
Bhumik Dave
(Expert) 13 September 2009
Agreed with Mr. Shivasurya and mr. Palnitkar.riven
Sarvesh Kumar Sharma Advocate
(Expert) 11 September 2009
