A Supreme Court Bench held that the principles of double jeopardy cannot be invoked at all if an accused was discharged of a criminal offence, even before the commencement of trial, on the basis of an invalid sanction for prosecution.
About:
Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
The doctrine appears to have originated in Roman law, in the principle non bis in idem ("an issue once decided must not be raised again").
A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states "No person shall be prosecuted and punished for the same offence more than once"
Dear Student,
You have still not entered your mailing address. Please enter the address where all the study materials will be sent to you. (If applicable).
