DOUBLE JEOPARDY
- Ä Can a person convicted or acquitted for an offence is tried for offence. Discuss in detail.
- Ä It is said that no one should be convicted twice. Discuss and illustrate with reference to law.
- Ä Nobody can be convicted twice. Discuss and illustrate.
INTRODUCTION
Section 403 Cr.P.C is based on the ancient maxim
NEMO DEBTS BIS UEXARI PROEADEM
No person should be disturbed for the same cause.
MEANING OF DOUBLE JEOPARDY
According to oxford dictionary
Trial for the same offence
RELEVANT PROVISIONS
Section 403 Cr.P.C
Article 13(A) Constitution Of Pakistan
Section 26 General Clauses Act
Section 11 of C.P.C
RULE OF JEOPARDY UNDER SECTION 403
Section 403 Cr.P.C contemplates a situation where a person has once been tried by a court of competent jurisdiction and acquitted or convicted by such. Cannot be tried again for the same offence nor for any other offence based on similar facts.
ESSENTIALS TO ATTRACT SECTION 403
I- PREVIOUSLY INSTITUTED TRIAL
II- SAMENESS OF OFFENCES IN BOTH TRIAL
III- PREVIOUS TRIAL HELD BY COURT OF COMPETENT JURISDICTION
IV- PREVIOUS TRIAL ENDS AT CONVICTION OR ACQUITTAL
V- CONVICTION OR ACQUITTAL MUST BE IN FORCE
VIOLATION OF TWO LAWS
CASES WHERE SECOND TRIAL IS NOT BARRED
Second trial may be instituted against the accused in the following cases
I- DISTINCT OFFENCE FOR WHICH CHARGE COULD BE MADE UNDER SECTION 235
II- ACT HAPPENING AFTER PREVIOUS CONVICTION
ILLUSTRATION
“A” is tried for causing grievous hurt to “B” and convicted “B” afterward dies “A” may be tried again for culpable homicide.
III- WHERE PREVIOUS COURT NOT COMPETENT TO TRY THE OFFENCE
ILLUSTRATION
“A” is charged by a magistrate of 2nd class and convicted by him of theft of property from the person of “B” “A” may be charged with and tried for robbery on the same facts.
CONCLUSION
I sent your articles links to all my contacts and they all adore it including me.Opposition in Law
ReplyDeleteplease write down the conclusion as law illiterate can hardly understand that
ReplyDeleteplease write down the conclusion as law illiterate can hardly understand that
ReplyDeleteit is very simple bro double jeopardy means ... no any one should be tried twice in any kind of case either it is to be criminal nature or civil ..... for example in civil suit plaintiff file the civil suit against the defendant and defendant successfully defend him self then plaintiff can not file the suit against the defendant on same subject matter... and in also criminal like that... kindly read out section 11 of code of civil procedure ... res-judicata.
ReplyDeleteSo double jeopardy U/S 403 crpc mean, a person should not be disturb twice for the same offence if he is alredy tried by the competent court and if either acqutted or convicted. In CPC it come U/S 11Res judicata.
ReplyDelete