Question

Which term is commonly associated with the legal principle that protects individuals from being tried for the same offense twice, a concept relevant to the discussion of human rights in India?

• A. No self-incrimination
• B. No double jeopardy
• C. No ex-post-facto law
• D. No Pro Bono

Answer 1

Answer:

B. No double jeopardy

No Double Jeopardy

• The principle of "No Double Jeopardy" is recognized as a fundamental right under Article 20(2) of the Constitution of India. The relevant portion of Article 20(2) states:

"No person shall be prosecuted and punished for the same offence more than once."

• This constitutional provision embodies the concept of double jeopardy, ensuring that individuals are protected from being tried and punished for the same offense multiple times.
• The principle is a safeguard against arbitrary or vindictive legal actions and aligns with the broader principles of fairness and justice.
• It's important to note that while Article 20(2) protects against double jeopardy, there are exceptions and nuances in the legal system.

Section 300(1) of CrPC

• Section 300(1) of the Code of Criminal Procedure, 1973 also outlines the principle of double jeopardy, stating that once a person has been tried by a competent court for an offense and either convicted or acquitted, they cannot be tried again for the same offense.
• This protection extends to trying the person on the same facts for any other offense for which a different charge could have been made during the initial trial.