nemo debet bis vexari pro una et eadem causa
The maxim expresses the policy against repeated litigation of the same matter between the same parties. In civil law it is the basis of res judicata and of the rule that all claims arising from one cause of action must be included in one suit. In criminal law it underlies the rule against double jeopardy.
In India it is given effect by s.11 CPC (res judicata), Order II Rule 2 CPC, Article 20(2) of the Constitution (no person shall be prosecuted and punished for the same offence more than once), and s.337 BNSS. Article 20(2) applies only where there was both a prosecution and punishment before a court or judicial tribunal, so departmental proceedings do not bar prosecution.
Example
Having been tried and acquitted of the same theft, the accused relied on nemo debet bis vexari and s.337 BNSS to bar a second trial.
In Indian law
- Section 11 and Order II, Rule 2, Code of Civil Procedure, 1908
- Article 20(2), Constitution; s.337, BNSS (old s.300 CrPC)
- Maqbool Hussain v. State of Bombay, 1953 INSC 40: customs confiscation is not prosecution and punishment
See also
res judicata · double jeopardy · autrefois acquit · interest reipublicae ut sit finis litium
Read more in the study notes
- Res judicata and bar to further suit (sections 11 and 12) (Civil Procedure Code and Limitation Act)