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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

Constitution of India , Art.20(2)— Rajasthan Sati (Prevention) Act (40 of 1987) , S.5, S.6(3)— Double jeopardy - Applicability - Offence must be same - Offence of glorification of Sati under S. 5 - Is different from offence of violation of prohibitory order issued under S. 6 - Art 20 (2) is therefore not attracted - View that once prohibitory order is promulgated a subsequent criminal act even if falling under S. 5 can only be furnished under S. 6(3) is not correct. Art. 20(2) of the Constitution provides that no person shall be prosecuted and punished for the same offence more than once. To attract applicability of Art. 20 (2) there must be a second prosecution and punishment for the same offence for which the accused has been prosecuted and punished previously. A subsequent trial or a prosecution and punishment are not barred if the ingredients of the two offences are distinct. The rule against double jeopardy is stated in the maxim nemo debet bis vexari pro una et eadem causa. The manifestation of this rule is to be found contained in S. 26 of the General Clauses Act, 1897, S. 300 of the Code of Criminal Procedure, 1973 and S. 71 of the Indian Penal Code.(Para 8 9) The offence under S. 5, under S. 6(1) r/w S. 6(3) and S. 6 (2) r/w S. 6 (3) are three distinct offences. They are not the same offences. This....