Double jeopardy
PARTHA SARKAR
(Querist) 18 June 2012
This query is : Resolved
Kindly advise Double jeopardy Article 20 (2) of the Constitution of India - How it is connected with Cr.P.C and which section/sections applicable in lower court?
Kiran Kumar
(Expert) 18 June 2012
Read Section 300 Cr.P.C
and for interpretation refer to some good book.
Dr V. Nageswara Rao
(Expert) 19 June 2012
S. 300 covers both autrefois convict and autrefois acquit but Art. 20 (2) deals only with autrefois convict. So, the latter is a fundamental right where as the former is an ordinary legal right.