Criminal

Double Jeopardy

Can a person be punished for the same offence twice? If a person is acquitted, can the prosecution put another case on the person for the same crime?

Expert Advice


There is a constitutional bar on being tried for the same cause of action twice. However there can be no bar on being tried multiple times for multiple offences of the same nature. For eg. A is tried for a charge of attempt to murder incident on 01.01.2001 and gets acquitted. A commits another act of attempt to murder on 02.01.2006, he can now be tried again, since although the nature of offence is the same, the cause of action has changed.

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