Judiciary Exams Exam > Judiciary Exams Notes > Important Acts and Laws for Judiciary Exams > Double Jeopardy Under Article 20
Double Jeopardy Under Article 20 | Important Acts and Laws for Judiciary Exams PDF Download
| Table of contents |
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| Understanding Double Jeopardy |
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| Article 20 of the Indian Constitution |
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| Protective Measures of Double Jeopardy |
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| Scope and Limitations |
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Understanding Double Jeopardy
Double jeopardy is a legal principle that protects individuals from being tried twice for the same offense. This principle ensures that once a person has been either convicted or acquitted of a crime, they cannot be prosecuted again for the same offense. Let's delve deeper into the concept with examples and explanations.
Article 20 of the Indian Constitution
Article 20 of the Indian Constitution enshrines the principle of double jeopardy and provides crucial protections to individuals accused of crimes.
It specifies that:
- No person shall be convicted of any offense except for a violation of the law in force at the time of the act.
- No person shall be prosecuted and punished for the same offense more than once.
- No person accused of any offense shall be compelled to be a witness against themselves.
These provisions ensure legal certainty and protection for individuals within the Indian legal system.
Question for Double Jeopardy Under Article 20Try yourself: What does Article 20 of the Indian Constitution protect individuals from?View Solution
Protective Measures of Double Jeopardy
Double jeopardy serves several essential purposes in the legal system, including:
- Preventing the government from unfairly targeting individuals with successive prosecutions.
- Shielding individuals from the financial, emotional, and social consequences of repeated trials.
- Limiting prosecutorial discretion and ensuring fair charging processes.
- Eliminating the imposition of multiple punishments for the same offense.
By upholding these principles, double jeopardy safeguards individuals against unjust legal actions and undue harassment.
Scope and Limitations
While double jeopardy is a crucial legal safeguard, it has specific limitations and scope within the Indian legal framework:
- The protection applies only if a person has been either convicted or prosecuted for an offense.
- Double jeopardy does not extend to cases involving different offenses with distinct elements.
- The concept of "former prosecution" plays a vital role in determining the applicability of double jeopardy.
- Continuous offenses or offenses with evolving circumstances may be treated as separate instances for legal proceedings.
Understanding these nuances is essential for comprehending the intricacies of double jeopardy in the Indian legal context.
Question for Double Jeopardy Under Article 20Try yourself: What is one of the purposes of double jeopardy in the legal system?View Solution
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FAQs on Double Jeopardy Under Article 20 - Important Acts and Laws for Judiciary Exams
| 1. What is the concept of Double Jeopardy under Article 20 of the Judiciary exams? |  |
Ans. Double Jeopardy under Article 20 of the Judiciary exams refers to the protection against being tried or punished twice for the same offense.
| 2. Can a person be tried multiple times for the same crime under Double Jeopardy? | |
Ans. No, Double Jeopardy prohibits a person from being tried multiple times for the same offense, ensuring they are protected from double prosecution.
| 3. How does Double Jeopardy protect individuals in legal proceedings? | |
Ans. Double Jeopardy ensures that individuals are protected against harassment by the state and prevents the government from using its resources to repeatedly prosecute someone for the same offense.
| 4. Are there any exceptions to Double Jeopardy under Article 20 of the Judiciary exams? | |
Ans. Yes, there are exceptions to Double Jeopardy, such as when there is a mistrial, new evidence emerges, or the original conviction is overturned on appeal.
| 5. How does Double Jeopardy promote fairness and justice in the legal system? | |
Ans. Double Jeopardy promotes fairness and justice by preventing the state from subjecting individuals to multiple prosecutions for the same offense, ensuring that individuals are protected from undue harassment and ensuring finality in legal proceedings.
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Dec 23, 2024 Last updated |
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