Q. With reference to the so called “Doctrine of Double Jeopardy”, which of the following is / are correct statements?

1. The doctrine of double jeopardy pertains to fundamental rights
2. A person convicted by a court of law cannot be punished under departmental proceedings for the same offence

Select the correct option from the codes given below:
Answer: Only 1
Notes: Doctrine of Double Jeopardy
Article 20(2) says that no person shall be prosecuted and punished for the same offence more than once. This is called Doctrine of Double Jeopardy. The objective of this article is to avoid harassment, which must be caused for successive criminal proceedings, where the person has committed only one crime. There is a law maxim related to this – nemo debet bis vexari. This means that no man shall be put twice in peril for the same offence. There are two aspects of Doctrine of Jeopardy viz. autrefois convict and autrefois acquit. Autrefois convict means that the person has been previously convicted in respect of the same offence. The autrefois acquit means that the person has been acquitted on a same charge on which he is being prosecuted. Please note that Constitution bars double punishment for the same offence. The conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter the some ingredients of these two offences are common.