Double Jeopardy

What is Double Jeopardy? The vocabulary meaning of the double insecurity says, The prosecution of a psyche twice for the equal execration or risk or disadvantage incurred from two sources at the equal time. In India, a partial(p) protection against double dower (Autrefois convict) is a Fundamental skillful seed to a lower place bind 20 (2) of the authorship of India. It states that No soulfulness shall be prosecuted and punished for the aforementioned(prenominal) crime much than once. however it does non devolve to autrefois lead, and so if a soulfulness is judge of a execration pile be retried. The protection against autrefois acquit is a statutory right in our country and not a radical right. As per Indian Constitutions Article 20 Protection in detect of conviction for law-breakings in the Constitution of India 1949 says, 1.No person shall be convicted of all offence except for misdemeanor of the uprightness in big businessman at the time of the cathexis of the puzzle out charged as an offence, nor be subjected to a penalty greater than that which exponent wipe out been inflicted under the law in burden at the time of the delegation of the offence 2.No person shall be prosecuted and punished for the same offence more than once 3.

No person incriminate of any offence shall be compelled to be a smasher 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, but for the same offence and this contention is that the offences here be different, though they may turn up out of the same acts. In the view that we have taken this question does not resurrect for consideration at all. It is withal not necessary to press any sound legal opinion on the question elevated by the learned focal point for the petitioner as to whether for the mark of attracting the operation of Article 20(2) the penalty must be enforce by the same blurb before which the prosecution was conducted. The conclusion is that, in our opinion, the petition fails and is dismissed. With...If you intrust to get a overflowing essay, order it on our website: Ordercustompaper.com

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