The Judicial Perspective of Double Jeopardy in India

This paper revolves around the legal maxim “nemo debet bis vexari pro unoet eadem causa” which means that no person shall be vexed twice for the same cause. Double Jeopardy is a legal term and many people are familiar to this term & its definition that a person cannot punished for the same offence more than once. But this paper aims to highlights those questions, which may arise in the mind of the readers, when they are discussing about Double Jeopardy. Because these questions clicked to my mind too and I thought that, is there more to know about Double Jeopardy than not to punish for the same offence more than once? What are the exceptions of the rule of Double Jeopardy? And also, can an accused be actually punished twice for the same offence in India. The term "double jeopardy" in simple words can be summed up as the idea of a person being put in peril of conviction more than once for the same offence. Further this paper is set to explore the various existent laws regarding the concept in India. Analysing the provisions provided for both in the Indian Constitution as well as the Criminal Procedure Code, 1973. The author sheds light on the previously existent laws like Section 403 of the CrPC as well as the laws amended in current practice. One of the most prominent aspect that the paper aims to establish is highlighting the various case laws of the above concept to truly highlight the judicial perspective. This is followed by a brief comparison of laws relating to double jeopardy of India with other countries namely US, Germany, England and Japan.