Question:
Legal Principle: The Latin maxim \textit{nemo bis punitur pro eodem delicto} means that nobody can be punished twice for the same offence.
Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Legal Principle: The Latin maxim \textit{nemo bis punitur pro eodem delicto} means that nobody can be punished twice for the same offence.
Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
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The double jeopardy rule applies only when the first punishment is lawful and imposed by a competent legal authority. Unlawful actions by private individuals are not counted as "punishment" in this context.
Updated On: Aug 14, 2025
- Sajan is right since nobody should be punished for the same offence twice.
- Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State.
- Giving a good thrashing to the thief is the best form of punishment to prevent future theft.
- The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the legal principle
- The maxim \textit{nemo bis punitur pro eodem delicto} protects an individual from being punished twice for the same offence.
- This applies when both punishments are legal sanctions imposed by a competent authority.
Step 2: Applying to the fact situation
- Sajan was beaten by ordinary people — this act, although harmful, does not constitute a legal punishment under law.
- Legal punishment must come from a court or other lawful authority after due process.
Step 3: Conclusion
- Since the thrashing by the public is not a lawful punishment, the State is still entitled to prosecute and punish Sajan for theft.
\[ \boxed{\text{Public beating is not a substitute for legal punishment; the State may still punish Sajan.}} \]
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