Question

Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/autrefois convict

• A. Sec.300
• B. Sec.305
• C. Sec.306
• D. Sec.311

Hint:

Remember the distinction between the constitutional protection in Article 20(2) and the statutory protection in Section 300 CrPC. Section 300 is broader. Article 20(2) only protects against trial and punishment for the same offence twice, whereas Section 300 also includes protection after an acquittal and covers different offences arising from the same facts.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the section in the Code of Criminal Procedure, 1973 (CrPC) that codifies the principle of double jeopardy. The maxims "\textit{autrefois acquit}" (formerly acquitted) and "\textit{autrefois convict}" (formerly convicted) are common law principles that mean a person cannot be tried again for the same offence for which he has already been either acquitted or convicted.
Step 2: Key Formula or Approach:
This fundamental principle of criminal law is detailed in Section 300 of the CrPC.
Section 300(1) states: "A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof."
Step 3: Detailed Explanation:
Section 300 provides a comprehensive statutory protection against double jeopardy, going even further than Article 20(2) of the Constitution. It bars a second trial not just for the same offence but also for any other offence based on the same facts for which the person could have been tried in the first trial.
- Section 305 deals with the procedure when a corporation is an accused.
- Section 306 deals with the tender of pardon to an accomplice.
- Section 311 gives the court power to summon material witnesses.
Step 4: Final Answer:
The provision is Sec.300.