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Test: Autrefois Acquit - Judiciary Exams MCQ


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20 Questions MCQ Test - Test: Autrefois Acquit

Test: Autrefois Acquit for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Autrefois Acquit questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Autrefois Acquit MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Autrefois Acquit below.
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Test: Autrefois Acquit - Question 1

What is the primary objective of the principle of autrefois acquit in criminal law?

Detailed Solution for Test: Autrefois Acquit - Question 1
The principle of autrefois acquit in criminal law is designed to prevent individuals from being prosecuted for the same offense more than once. This principle protects individuals who have been acquitted of a crime from facing repeated trials for the same charges, thereby ensuring fairness and legal protection against double jeopardy.
Test: Autrefois Acquit - Question 2

What does the term "autrefois acquit" translate to in English?

Detailed Solution for Test: Autrefois Acquit - Question 2
The term "autrefois acquit" translates to "previously acquitted" in English. This term signifies that a person who has been cleared of a crime in the past should not face prosecution again for the same offense. It upholds the fundamental legal principle of double jeopardy.
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Test: Autrefois Acquit - Question 3

How does the principle of autrefois acquit contribute to safeguarding individuals in the legal system?

Detailed Solution for Test: Autrefois Acquit - Question 3
The principle of autrefois acquit safeguards individuals in the legal system by preventing them from being prosecuted multiple times for the same offense. This protection ensures that individuals who have been acquitted of a crime are not subjected to the burden of facing repeated trials for the same charges, thereby upholding their legal rights and preventing unjust treatment.
Test: Autrefois Acquit - Question 4
How does the concept of autrefois acquit relate to the fundamental principles of criminal law?
Detailed Solution for Test: Autrefois Acquit - Question 4
The concept of autrefois acquit is closely tied to the fundamental principles of criminal law by promoting fairness and protecting individuals from double jeopardy. This principle underscores the importance of ensuring that individuals are not subjected to repeated prosecutions for the same offense, thereby upholding the principles of justice and legal protection in the legal system.
Test: Autrefois Acquit - Question 5
When is the principle of Autrefois Acquit typically invoked within the legal system?
Detailed Solution for Test: Autrefois Acquit - Question 5
The principle of Autrefois Acquit is usually invoked when a person has already been either acquitted or convicted for a specific offense in a court of law. This principle comes into play to prevent double prosecution, ensuring that individuals are not subjected to multiple trials for the same crime, thereby protecting against the possibility of facing repeated legal proceedings for a single offense.
Test: Autrefois Acquit - Question 6
How does the principle of Autrefois Acquit contribute to the legal system's protection of individuals?
Detailed Solution for Test: Autrefois Acquit - Question 6
The principle of Autrefois Acquit contributes to the legal system's protection of individuals by safeguarding against arbitrary prosecution and double jeopardy. It ensures that individuals cannot be tried or punished more than once for the same offense, thereby preventing the state from subjecting them to harassment through repeated trials for the same crime. This protection aligns with the core principles of fairness and justice within the legal framework.
Test: Autrefois Acquit - Question 7
What purpose does the principle of Autrefois Acquit serve in relation to preventing legal actions against individuals?
Detailed Solution for Test: Autrefois Acquit - Question 7
The principle of Autrefois Acquit serves the essential purpose of safeguarding individuals from facing repeated trials for the same crime within the legal system. By embodying the concept of double jeopardy, this principle ensures that once an individual has been either acquitted or convicted for a specific offense, they cannot be subjected to further prosecution for the same crime. This protection plays a crucial role in upholding fairness, preventing legal abuse, and maintaining the integrity of the justice system.
Test: Autrefois Acquit - Question 8
What fundamental right in India safeguards individuals from being tried and penalized for the same offense more than once?
Detailed Solution for Test: Autrefois Acquit - Question 8
The fundamental right in India that safeguards individuals from being tried and penalized for the same offense more than once is the right against Double Jeopardy. This principle is entrenched in Article 20(2) of the Indian Constitution, providing protection against repeated prosecution and punishment for the same crime.
Test: Autrefois Acquit - Question 9
In what scenario is the principle of autrefois acquit applicable according to Indian law?
Detailed Solution for Test: Autrefois Acquit - Question 9
The principle of autrefois acquit in Indian law is applicable when an individual has been acquitted or convicted for the same offense. It does not apply when different charges stem from the same events or when the same offense is tried in distinct jurisdictions. This principle acts as a safeguard against double jeopardy.
Test: Autrefois Acquit - Question 10
What principle ensures that a person already convicted and penalized for an offense cannot be punished again for the same crime?
Detailed Solution for Test: Autrefois Acquit - Question 10
The principle that prevents a person from being punished again for the same crime after being convicted and penalized is known as Double Jeopardy. This legal concept safeguards individuals from facing repeated trials or punishments for an offense they have already been tried for, emphasizing the protection against being prosecuted twice for the same wrongdoing.
Test: Autrefois Acquit - Question 11
What does the concept of autrefois acquit protect individuals from according to the Supreme Court interpretation in India?
Detailed Solution for Test: Autrefois Acquit - Question 11
According to the Supreme Court interpretation in India, the concept of autrefois acquit protects individuals from both repeated prosecution and punishment for the same offense. This interpretation ensures that individuals are shielded from facing multiple trials or being penalized more than once for the same crime, upholding the principle of double jeopardy.
Test: Autrefois Acquit - Question 12
Which provision of the Code of Criminal Procedure (CrPC) stipulates that a person acquitted or convicted of an offense cannot be retried or punished again for the same crime?
Detailed Solution for Test: Autrefois Acquit - Question 12
Section 300 of the Code of Criminal Procedure (CrPC) in India stipulates that a person acquitted or convicted of an offense cannot be retried or punished again for the same crime. This provision aligns with the concept of autrefois acquit, preventing individuals from facing double jeopardy in criminal cases.
Test: Autrefois Acquit - Question 13
In the case of K. M. Nanavati vs. State of Maharashtra (1962), what was the outcome of the retrial conducted by the Bombay High Court after the initial acquittal by the jury?
Detailed Solution for Test: Autrefois Acquit - Question 13
Following the initial acquittal by the jury, a retrial was initiated by the Bombay High Court in the case of K. M. Nanavati vs. State of Maharashtra (1962), where the defendant was ultimately convicted. This retrial resulted in a different outcome compared to the initial trial, leading to the defendant being found guilty of the charges.
Test: Autrefois Acquit - Question 14
Which case emphasized that protection against double jeopardy extends beyond trials to include appeals, viewing it as a fundamental right protected by the Constitution?
Detailed Solution for Test: Autrefois Acquit - Question 14
The case of State of Karnataka vs. L. Muniswamy (1977) underscored the significance of protection against double jeopardy extending beyond trials to encompass appeals. This legal interpretation highlighted that safeguarding individuals from being tried or punished multiple times for the same offense is considered a fundamental right protected by the Constitution.
Test: Autrefois Acquit - Question 15
What fundamental right does the Supreme Court emphasize in cases related to double jeopardy?
Detailed Solution for Test: Autrefois Acquit - Question 15
The Supreme Court emphasizes the right against double jeopardy as a fundamental right in cases related to criminal proceedings. This right extends beyond trials to include appeals, protecting individuals from being tried or punished multiple times for the same offense. It is viewed as a constitutional safeguard against unjust legal actions.
Test: Autrefois Acquit - Question 16
In the legal context, why did the Supreme Court overturn an appeal filed against the acquittal in the case of Umedbhai Jadavbhai vs. State of Gujarat (1981)?
Detailed Solution for Test: Autrefois Acquit - Question 16
The Supreme Court overturned the appeal filed against the acquittal in the case of Umedbhai Jadavbhai vs. State of Gujarat (1981) because it affirmed the accused's protection under the principle of autrefois acquit. This principle prohibits trying an individual for the same offense after they have been acquitted, highlighting the importance of safeguarding individuals from double jeopardy.
Test: Autrefois Acquit - Question 17
Why did the Supreme Court deem the fresh charge against the accused in K. Satwant Singh vs. State of Punjab (1960) inadmissible?
Detailed Solution for Test: Autrefois Acquit - Question 17
The Supreme Court deemed the fresh charge against the accused in K. Satwant Singh vs. State of Punjab (1960) inadmissible because it violated the principle of double jeopardy under autrefois acquit. This principle prohibits trying an individual for the same offense under a different legal provision if the fundamental elements of the crime remain unchanged, ensuring protection against repeated prosecution for the same alleged offense.
Test: Autrefois Acquit - Question 18
What does the principle of autrefois acquit, as protected under Article 20(2) of the Indian Constitution, aim to prevent?
Detailed Solution for Test: Autrefois Acquit - Question 18
The principle of autrefois acquit, safeguarded under Article 20(2) of the Indian Constitution, aims to prevent individuals from being tried or punished more than once for the same offense. This principle ensures that individuals are protected from facing repeated trials or punishments for the same crime, thereby upholding the fundamental right against double jeopardy.
Test: Autrefois Acquit - Question 19
In what stage of criminal proceedings is the principle of autrefois acquit applicable according to the Supreme Court of India?
Detailed Solution for Test: Autrefois Acquit - Question 19
The principle of autrefois acquit is applicable across all stages of criminal proceedings, including trials, appeals, and revisions, as delineated by the Supreme Court of India. This means that the protection against being tried or punished more than once for the same offense extends to the appeals stage, ensuring that individuals are safeguarded against unjust prosecution throughout the legal process.
Test: Autrefois Acquit - Question 20
Which constitutional provision explicitly protects the principle of autrefois acquit in India?
Detailed Solution for Test: Autrefois Acquit - Question 20
The principle of autrefois acquit, which prevents individuals from being tried or punished more than once for the same offense, is explicitly protected under Article 20(2) of the Indian Constitution. This constitutional provision serves as a foundational safeguard against unjust prosecution and upholds the rights of individuals in the criminal justice system.
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