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Double Jeopardy - A constitutional rights | Find Your Advocate

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DOUBLE JEOPARDY   This article tries to examine the principle of 'autrefois convict', ordinarily guided as 'double jeopardy' and its usage in India. The principle, correctly, implies that an individual who has been attempted and sentenced for a criminal offence once can't be attempted or indicted for a similar offence once more. The principle of double jeopardy is certifiably not another idea. It existed under the Government of India Act, 1935 and was appropriately acknowledged as a key right just as a lawful right.  The historical underpinnings of Double Jeopardy  The term 'jeopardy' is characterized as "risk, threat or peril"[1]. As for criminal law, jeopardy signifies "the danger of conviction and punishment"[2]. The articulation is characterized in Black's Law Dictionary as "a second prosecution after the primary preliminary for the equivalent offence"[3]. The principle gets its starting point from the English customary ...