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With reference to Article 20 of the Indian Constitution, consider the following statements regarding protection against double jeopardy:
- A person cannot be prosecuted or punished twice for the same offence.
- It is available in proceedings before judicial and administrative authorities.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to Article 20 of the Indian Constitution, consider the ...
Explanation:
Statement 1: A person cannot be prosecuted or punished twice for the same offence.
This statement is correct. Article 20(2) of the Indian Constitution guarantees protection against double jeopardy, which means that no person shall be prosecuted and punished for the same offence more than once. This principle ensures that an individual cannot be harassed or subjected to multiple trials and punishments for the same offence, thus protecting their fundamental rights.
Statement 2: It is available in proceedings before judicial and administrative authorities.
This statement is incorrect. The protection against double jeopardy under Article 20(2) is specifically applicable only in criminal proceedings. It does not extend to administrative or disciplinary proceedings. Therefore, if a person is acquitted or convicted for an offence in a criminal court, they cannot be tried again for the same offence. However, this protection does not apply to administrative proceedings or disciplinary actions taken by administrative authorities or employers.
Conclusion:
Based on the above explanation, it can be concluded that only statement 1 is correct. The protection against double jeopardy is enshrined in Article 20(2) of the Indian Constitution, which prevents a person from being prosecuted or punished twice for the same offence. This protection is limited to criminal proceedings and does not extend to administrative or disciplinary proceedings.
Statement 1: A person cannot be prosecuted or punished twice for the same offence.
This statement is correct. Article 20(2) of the Indian Constitution guarantees protection against double jeopardy, which means that no person shall be prosecuted and punished for the same offence more than once. This principle ensures that an individual cannot be harassed or subjected to multiple trials and punishments for the same offence, thus protecting their fundamental rights.
Statement 2: It is available in proceedings before judicial and administrative authorities.
This statement is incorrect. The protection against double jeopardy under Article 20(2) is specifically applicable only in criminal proceedings. It does not extend to administrative or disciplinary proceedings. Therefore, if a person is acquitted or convicted for an offence in a criminal court, they cannot be tried again for the same offence. However, this protection does not apply to administrative proceedings or disciplinary actions taken by administrative authorities or employers.
Conclusion:
Based on the above explanation, it can be concluded that only statement 1 is correct. The protection against double jeopardy is enshrined in Article 20(2) of the Indian Constitution, which prevents a person from being prosecuted or punished twice for the same offence. This protection is limited to criminal proceedings and does not extend to administrative or disciplinary proceedings.
Community Answer
With reference to Article 20 of the Indian Constitution, consider the ...
- Article 20 (2) of the Indian Constitution mandates that a person cannot be prosecuted or punished twice for the same offence. Hence statement 1 is correct.
- The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature. Hence statement 2 is not correct.
- The protection under clause (2) of Article 20 of the Constitution of India is narrower than the American and British laws against Double Jeopardy.
- Under the American and British Constitution, the protection against Double Jeopardy is given for the second prosecution for the same offence irrespective of whether an accused was acquitted or convicted in the first trial.
- But under Article 20(2) the protection against double punishment is given only when the accused has not only been ‘prosecuted’ but also ‘punished’, and is sought to be prosecuted a second time for the same offence.
- The use of the word ‘prosecution’ thus limits the scope of the protection under clause (1) of Article 20.
- If there is no punishment for the offence as a result of the prosecution clause (2) of Article 20 has no application and an appeal against acquittal, if provided by the procedure is in substance a continuance of the prosecution.
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With reference to Article 20 of the Indian Constitution, consider the following statements regarding protection against double jeopardy: A person cannot be prosecuted or punished twice for the same offence. It is available in proceedings before judicial and administrative authorities.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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