retrial

In no circumstances, a person can be prosecuted and punished for the same offence more than once. Nonetheless, kindly provide the facts of your case to have a better understanding of the situation. 

Hello, 

Double jeopardy is a procedural defence that forbids a defendant from being tried twice for the same crime for the same set of facts. It refers to the concept that it is wrong for a man to be subjected more than once to the danger of being punished for an offense. The roots of the doctrine against double jeopardy can be found in the well-established maxim of the English Common law, Nemo debet bis vexari, meaning that a man must not be put twice in peril for the same offence.

Article 20 of the Constitution of India provides protection against double jeopardy. It has been enshrined as a part of the Fundamental Right by the fathers of our Constitution.  The Indian Constitution, which has been beautifully written as poetry-in-prose, guarantees to the people certain basic human rights and freedoms, inter alia freedom against double jeopardy. Accordingly, no person can be prosecuted and punished for the same offence more than once. The provision apotheosizes the principle that a person cannot be tried twice for the same offence by an equally competent court.

When a person has been convicted for an offence by a competent court, the conviction serves a bar to any further criminal proceedings against him for the same offence. The idea is that no one ought to be punished twice for one and the same offence.

In India, a partial protection against double jeopardy (Autrefois convict) is a Fundamental Right guaranteed under Article 20 (3) of the Constitution of India. It states that “No person shall be prosecuted and punished for the same offence more than once”. However it does not extend to autrefois acquit, and so if a person is ‘acquitted’ of a crime can be retried. The protection against autrefois acquit is a statutory right in our country and not a fundamental right.

As per Indian Constitutions Article 20 “Protection in respect of conviction for offences” in the Constitution of India 1949 says,

1. No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
2. No person shall be prosecuted and punished for the same offence more than once
3. No person accused of any offence shall be compelled to be a witness against himself

Thank you