double jeopardy

Article 20(2) of the Constitution says no person shall be prosecuted and punished for the same offence more than once. In Maqbool Hussain the Supreme Court held that the protection applies only where there was a previous prosecution and punishment before a court or judicial tribunal; proceedings before customs authorities were not a “prosecution”, so a later criminal trial was not barred. Departmental proceedings likewise do not attract it.

The statutory rule in s.337 BNSS (old s.300 CrPC) is wider: a person once convicted or acquitted by a competent court cannot be tried again for the same offence, or on the same facts for another offence for which a different charge could have been made. The English pleas are autrefois acquit and autrefois convict. Article 20(2) does not cover a prior acquittal; s.337 BNSS does.

Example

His acquittal by the Sessions Court bars a second trial on the same facts under s.337 BNSS, though Article 20(2) alone would not, as there was no punishment.

In Indian law

• Article 20(2), Constitution of India
• Section 337 BNSS (old s.300 CrPC)
• Maqbool Hussain v. State of Bombay, 1953 INSC 40

See also

ex post facto · discharge · de novo

Read more in the study notes

• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Article 20: rights of the accused (Constitutional Law I)