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How The Doctrine Of Double Jeopardy Helps In The Protection Of The Accused?


As the doctrine of double jeopardy means that no person can be punished more than once for the same offence and this is the important principle of the administration of criminal justice. The rule is contained in the common law maxim “autrefois acquit and autrefois convict” which means that previous acquittal or previous conviction may be pleaded by the accused as a bar to the subsequent trial.


In India, A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states "No person shall be prosecuted and punished for the same offence more than once".This provision enshrines the concept of autrefois convict, that no one convicted of an offence can be tried or punished a second time. However, it does not extend to autrefois acquit, and so if a person is acquitted of a crime he can be retried. In India, protection against autrefois acquit is a statutory right, not a fundamental one. Such protection is provided by provisions of the Code of Criminal Procedure rather than by the Constitution.

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