Question

Which doctrine states that a person cannot be tried for the same offence twice?

• A. Double jeopardy
• B. Due process
• C. Ex post facto
• D. Habeas corpus

Hint:

The Double jeopardy rule prevents multiple prosecutions or punishments for the same crime, ensuring fairness in legal proceedings.

Answer 1

The Correct Option is A

The doctrine of Double jeopardy protects a person from being tried twice for the same offence. This principle is enshrined in the legal system to prevent the harassment of the accused by subjecting them to multiple trials for the same alleged act. It is a constitutional protection provided under Article 20(2) of the Indian Constitution.

Answer 2

The doctrine that states a person cannot be tried for the same offence twice is known as Double Jeopardy.

Meaning of Double Jeopardy:
Double jeopardy is a legal principle that prohibits an individual from being prosecuted or punished more than once for the same offence. Once a person has been acquitted or convicted by a court of competent jurisdiction, they cannot be tried again for the same offence on the same facts.

Constitutional Provision in India:
The doctrine of double jeopardy is enshrined in Article 20(2) of the Constitution of India, which states:
“No person shall be prosecuted and punished for the same offence more than once.”

Key Elements:
1. The person must have already been prosecuted and punished.
2. The second prosecution must be for the same offence.
3. The earlier prosecution must have resulted in either conviction or acquittal by a court of law.

Types of Protection:
- Autrefois Convict: When the person has already been convicted for the offence.
- Autrefois Acquit: When the person has already been acquitted of the offence.

Importance:
This doctrine protects individuals from harassment by repeated legal proceedings and upholds the finality and credibility of judicial decisions.

Conclusion:
The principle that ensures a person is not tried or punished more than once for the same offence is called Double Jeopardy.

Therefore, the correct answer is: Double jeopardy.