AIR 2017 SUPREME COURT 3389

Supreme Court Of India

(From : Jharkhand)

Hon'ble Judge(s): Arun Mishra, Amitava Roy , JJ

(A) Constitution of India , Art.20(2)— Doctrine of double jeopardy - Objective of - To avoid harassment, caused by successive criminal proceedings - Doctrine has two aspects - Autrefois convict and Autrefois acquit. Art. 20(2) says that no person shall be prosecuted and punished for same offence more than once. This is called doctrine of double jeopardy. Objective of Article is to avoid harassment, which may be caused by successive criminal proceedings, where @page-SC3390 person has committed only one crime. There is law maxim related to this, nemo debet bis vexari. This means that no man shall be put twice in peril for same offence. There are two aspects of doctrine of jeopardy viz. Autrefois convict and Autrefois acquit. Autrefois convict means that person has been previously convicted in respect of same offence. Autrefois acquit means that person has been acquitted on same charge on which he is being prosecuted. Constitution bars double punishment for same offence. Conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter even if some ingredients of these two offences are common.(Para 17) (B) Evidence Act (1 of 1872) , S.115— Issue of estoppel - Applicability - Defence of accused that prin....