enunciates the principle of "autrefois convict" or "double
jeopardy". The roots of that principle are to be found in
the well ... issue is whether the defendant has previously been in
jeopardy in respect of the charge on which he is arraigned,
for the rule
pending before the Chief Judicial
Magistrate, Patan, on the plea of double jeopardy for the reason that
the appellant has already been tried and dealt ... same offence. In the facts of the
case, doctrine of double jeopardy is attracted. The High Court
dismissed the said application.
Hence, this appeal
sentence
by Magistrate, if violative of fundamental right to
protection against double jeopardy-Constitution of India,
Art. 20(2) -Sea Customs ... them by the Courts below infringed
the constitutional protection against double jeopardy
afforded by Art. 20(2) Of the Constitution.
Held
passport before the C.B.I. Court at Hyderabad amounts to
double jeopardy and in violation of Article 20(2) of the
Constitution of India ... application whatsoever
to the facts on hand.
Double Jeopardy
17
13. Now we shall take up the first contention of Shri Tulsi
as to whether
prosecution of the applicants is barred by the principle of "double Jeopardy".
6.6 Apart from the aforesaid legal submissions, it is also submitted ... putting the personal liberty and/or the property of the citizen in jeopardy by illegal and improper use of the power or there is abuse
that the SCN dated 31.10.2002
suffers from the vice of double jeopardy and, therefore, has been correctly
quashed by the Division Bench. The rubicon cleaving ... share of arduousness.
7 We shall forthwith analyse the concept of double jeopardy, especially
in the backdrop of Constitutions of countries spanning our globe
accused person should not, in respect of an offence, be in jeopardy of prosecution more than once. Though, technically, such a plea cannot be relied ... that according to the better doctrine a person is in legal jeopardy when the jury is empanelled and ready to try him on a valid
Section 300(1) of the CrPC which incorporates the
principle of double jeopardy. The accused was already
prosecuted in the year 1999 for the charges ... appellant herein in
the present two cases would amount to double jeopardy. In India,
protection against double jeopardy is a fundamental right enshrined
under Article
from seeking bail, the petitioner sought to raise the point of double jeopardy and illegality in prosecuting the petitioner once the petitioner having been convicted ... submitted that the issue is whether the petitioner had been previously in jeopardy in respect of the charges for which he is sought
convicted or acquitted as yet and as such the
applicability of double jeopardy cannot be pleaded in the facts
of the instant case. Even ... places for the same cause of action and
amounts to double jeopardy. It is also submitted that the
Magistrate wrongly dismissed his application for recalling
