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Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.
Principle: No person shall be prosecuted and punished for the same offense more than once.
Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.
Q. Which of the following options is correct?
  • a)
    He cannot be prosecuted
  • b)
    He can be prosecuted because departmental proceedings are different from prosecution.
  • c)
    It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.
  • d)
    It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: In this question, principle is followed by some facts. Re...
The principle is enshrined in Article 20 of the Indian Constitution as the doctrine of Double Jeopardy. It means that no person should be prosecuted and punished for the same offence more than once.
According to the given facts, Nimita though filed two complaints but they were filed with different forums, that is one under the department and the other under police station.
For the application of the doctrine of double jeopardy the person should have been prosecuted and punished by a criminal court. As Suresh was terminated by a departmental committee, he is not protected by the doctrine of double jeopardy and that his prosecution by the court is valid.
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Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which of the following are not in consistency with the passage?

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Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer?
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Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
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Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: In this question, principle is followed by some facts. Read the principle carefully and apply it to the given facts and choose the correct option accordingly.Principle: No person shall be prosecuted and punished for the same offense more than once.Facts: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and the prosecution argued that he cannot be punished twice.Q. Which of the following options is correct?a)He cannot be prosecutedb)He can be prosecuted because departmental proceedings are different from prosecution.c)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.d)It is the sole discretion of the court to prosecute him or not, as he has already paid a price by losing his job.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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