Neelagowri B C, Christ (Deemed to be University)
ABSTRACT
This paper mainly focuses on the maxim “Nemo debet bis vexari pro unoet eadem causa” which literally translates to "no one shall be afflicted twice for the same cause," is the central legal maxim of this paper. Many people are aware with the legal term "double jeopardy" and its definition, which states that a person cannot be penalised more than once for the same offence. However, the purpose of this study is to draw attention to those concerns that readers may have when talking about Double Jeopardy. Since I had the same thoughts as it may arise, I wondered whether there was anything else to learn about double jeopardy except the fact that the same offence should not be punished more than once. Which situations are exempt from the double jeopardy rule? Additionally, can an accused person in India actually receive two punishments for the same offence? The term "double jeopardy" in simple words can be summed up as the idea of a person being put in peril of conviction more than once for the same offence. Further this paper is set to explore the various existent laws regarding the concept in India. Analysing the provisions provided for both in the Indian Constitution and, as well as the Criminal Procedure Code, 1973. The author clarifies both the laws that are still in effect today and those that have been altered in the past, such as Section 403 of the CrPC. The paper's main goal is to highlight the many case laws that apply to the aforesaid notion in order to clearly demonstrate the judicial viewpoint. The laws of India's double jeopardy system are then briefly compared to those of the US, Germany, England, and Japan.
Keywords: Indian constitution, Double Jeopardy, Judicial perspective, Comparison, Civil procedure code
