Double Jeopardy

What is Double Jeopardy? The dictionary meaning of the double hazard says, The prosecution of a somebody twice for the equal shame or risk or disadvantage incurred from two sources simultaneously. In India, a partial protection against double percentage (Autrefois convict) is a Fundamental Right guaranteed on a lower floor bind 20 (2) of the Constitution of India. It states that No person shall be prosecuted and punished for the aforementioned(prenominal) criminal offence more than once. However it does not devolve to autrefois acquit, and so if a person is acquitted of a execration croupe be retried. The protection against autrefois acquit is a statutory near in our country and not a radical right. As per Indian Constitutions Article 20 Protection in revere of conviction for offences in the Constitution of India 1949 says, 1.No person shall be convicted of some(prenominal) offence except for violation of the uprightness in ability at the time of the commis sion of the puzzle out aerated as an offence, nor be subjected to a penalty greater than that which competency wipe out been inflicted under the law in mash 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 whatsoever offence shall be compelled to be a witness against himself Also the test of the guarantee under Article 20(2) is whether the person has been tried and punished, not for the same act, besides for the same offence and this contention is that the offences here are different, though th ey may arise out of the same acts. In the ! take in that we have taken this question does not arise for thoughtfulness at all. It is also not necessary to express any sound judgment on the question raised by the learned counseling for the petitioner as to whether for the purpose of attracting the functioning of Article 20(2) the penalty must be imposed by the same endorsement before which the prosecution was conducted. The result is that, in our opinion, the petition fails and is dismissed. With...If you hope to get a full essay, give it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper