Question

Which provision under the Code provides the indication as to the rule against double jeopardy?

• A. S.300
• B. S.305
• C. S.309
• D. S.311

Hint:

Connect the constitutional right with its procedural law counterpart: \textbf{Article 20(2)} of the Constitution (Fundamental Right) is implemented through \textbf{Section 300} of the CrPC (Procedural Rule). Both deal with protection against double jeopardy.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The rule against double jeopardy is a legal principle which states that a person cannot be tried or punished for the same offence more than once. This fundamental right is enshrined in Article 20(2) of the Constitution of India. The question asks for the procedural embodiment of this rule within the Code of Criminal Procedure (CrPC).
Step 2: Detailed Explanation:
Let's analyze the given sections of the CrPC:
\begin{itemize} \item (A) S.300: This section is titled "Person once convicted or acquitted not to be tried for same offence." It provides the detailed procedural rules based on the principles of \textit{autrefois acquit} (previously acquitted) and \textit{autrefois convict} (previously convicted). It is the direct and comprehensive procedural counterpart to the constitutional protection against double jeopardy. \item (B) S.305: Deals with the procedure when a corporation or registered society is an accused. \item (C) S.309: Deals with the power to postpone or adjourn proceedings. \item (D) S.311: Gives the court the power to summon material witnesses or examine persons present. \end{itemize} Clearly, Section 300 is the specific provision that lays down the rule against double jeopardy in the CrPC.
Step 3: Final Answer:
The provision in the CrPC that indicates the rule against double jeopardy is S.300.