Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ritu Pandey   03 September 2024

Doctrine of double jeopardy

1.     Mr. Ravi Sharma was acquitted of theft charges in a criminal court due to lack of evidence. A year later, new evidence emerged, clearly implicating him in the crime. The prosecution sought to reopen the case and bring Mr. Sharma to trial again for the same offense. Mr. Sharma's lawyer argued that the Doctrine of Double Jeopardy, enshrined in Article 20 of the Indian Constitution, protects him from being tried for the same offense twice. However, the prosecution contended that the new evidence fundamentally changed the circumstances, justifying a retrial. what  will be  the legal implications of the Doctrine of Double Jeopardy in this scenario. Under what conditions, if any, can a person be retried for the same offense?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 September 2024

The doctrine of double jeopardy is a legal principle that prevents a person from being tried or punished twice for the same offense. It's a fundamental principle of criminal law that protects people from arbitrary use of state power.

The Constitution of India's Article 20(2) states that no person can be tried or punished more than once for the same offense

Double jeopardy doesn't apply if the defendant was never tried, or if charges were dropped or put on hold but later reinstated. 

The concept of double jeopardy is a protection to an accused who has already been tried and either convicted or acquitted of an offence from being tried again for the same offence
Therefore the petition filed by the prosecution side for retrial of the case may not be maintainable if argued with supporting judgments from supreme court

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register