The principle of double jeopardy is a well-established safeguard in criminal law. It means that no person should be tried or punished twice for the same offence. This rule prevents harassment of individuals through repeated prosecutions and ensures fairness in criminal justice.
In India, the concept of double jeopardy is protected under Article 20(2) of the Constitution and Section 300 of the Code of Criminal Procedure (CrPC), 1973.
Meaning of Double Jeopardy
The term “jeopardy” refers to the risk of punishment in criminal proceedings. Double jeopardy, therefore, means facing this risk twice for the same offence.
This doctrine is based on two maxims:
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Nemo debet bis vexari – No person should be put twice in peril for the same offence.
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Autrefois convict / Autrefois acquit – A person cannot be tried again if previously convicted or acquitted of the same offence.
Constitutional Protection – Article 20(2)
Article 20(2) of the Indian Constitution states:
“No person shall be prosecuted and punished for the same offence more than once.”
Key points:
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Applies only when there is both prosecution and punishment for the same offence.
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If there was only prosecution without punishment, Article 20(2) does not apply.
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Applies only to criminal cases, not civil or departmental proceedings.
Statutory Protection – Section 300 CrPC
Section 300 of the Code of Criminal Procedure, 1973 reinforces the rule:
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A person once convicted or acquitted by a competent court cannot be tried again for the same offence.
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Covers situations where the offence is the same, or arises out of the same set of facts.
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Recognizes exceptions where subsequent trial may be allowed (e.g., if new facts come to light).
Judicial Interpretation
1. Maqbool Hussain v. State of Bombay (1953)
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Customs authorities confiscated gold from the accused. Later, criminal proceedings were started.
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Held: Confiscation by customs was not a prosecution; hence, double jeopardy did not apply.
2. S.A. Venkataraman v. Union of India (1954)
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Departmental proceedings against a government servant were followed by criminal prosecution.
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Held: Departmental enquiry is not “prosecution” under Article 20(2).
3. Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao (2011)
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The Supreme Court held that once a person is convicted under Section 138 of the Negotiable Instruments Act, he cannot be tried again on the same facts under Section 420 IPC.
Exceptions to Double Jeopardy
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Different Offences: If the same act constitutes different offences, separate trials may be allowed.
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Appeals & Revisions: Re-trial on appeal or revision does not violate double jeopardy.
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Civil/Departmental Action: Departmental disciplinary proceedings can continue along with criminal trial.
Significance of Double Jeopardy
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Protects Individual Rights: Prevents harassment of accused through multiple prosecutions.
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Ensures Finality: Once a matter is decided, it cannot be reopened endlessly.
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Balances State Power: Restricts misuse of criminal law by prosecution.
Conclusion
The doctrine of double jeopardy is a crucial safeguard in Indian law, enshrined in Article 20(2) of the Constitution and Section 300 CrPC. While it protects individuals from repeated punishment for the same offence, courts have clarified that it applies strictly to prosecution and punishment in criminal law, not to departmental or civil proceedings.
This principle ensures fairness in criminal justice and upholds the constitutional guarantee of personal liberty.