Double jeopardy
Guest
(Querist) 24 September 2013
This query is : Resolved
The 498A and CrPC 125 complain have all details same except the relief asked for is different.
is this case of double jeopardy?
Nadeem Qureshi
(Expert) 24 September 2013
no, Double jeopardy will not applicable in these cases because the meaning & principle of Double Jeopardy is as under:
A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states, "No person shall be prosecuted and punished for the same offence more than once".[16] This provision enshrines the concept of autrefois convict, that no one convicted of an offence can be tried or punished a second time. However it does not extend to autrefois acquit, and so if a person is acquitted of a crime, he can be retried. In India, protection against autrefois acquit is a statuatory right, not a fundamental one. Such protection is provided by provisions of the Code of Criminal Procedure rather than by the Constitution
R.K Nanda
(Expert) 24 September 2013
not double jeopardy as both cases are separate.
Rajendra K Goyal
(Expert) 24 September 2013
Both cases are separate, no double jeopardy legally.
Sudhir Kumar, Advocate
(Expert) 25 September 2013
When same facts of the cases attract different provisions then there is no double jeopardy.
Guest
(Querist) 25 September 2013
thanks all
Raj Kumar Makkad
(Expert) 25 September 2013
No is the sole answer to your query.
