Protection Against Double Jeopardy

Abstract

The fundamental rights described in the constitution of the Islamic Republic of Pakistan (1973) as well as The Indian Constitution postulates the concept of double jeopardy. A well-known maxim "autrefois convict" prohibits any person, who has been convicted of a crime in the competent court, from being retried for the same offense or cause. Moreover, "autrefois acquit" prevents a person who has been acquitted by a court from being tried again for the same offense. These provisions safeguard the constitutional rights of the individuals. Specifically, in respect of the General Clause Act 1897, section 26, which addresses the concept of double jeopardy, stating that no individual or person can be punished or prosecuted again for the same cause. This act applies to both Pakistan and India, highlighting their similarity in this respect. On the other hand, the criminal procedure code of Pakistan, section 403, also deals with double jeopardy, while Section 300 of the Indian criminal procedure code, provides protection to offenders in cases of double jeopardy. Another essential is that the offender must be proven to have committed another crime in order for a retrial to be initiated. Section 221 of the Criminal Procedure Code addresses charge" every charge shall state the offense with which the accused is charged" and does section 300 subsection (2). Various provisions and cross-references, such as The General Clause Act, Constitutional rights, Criminal Procedure Code, Civil Procedure Code, and section 138 of the Indian Negotiable Instrument Act, are crucially important as they ensure that if a person commits a crime in a foreign country and is tried by the appropriate court therein, they can still be tried in India or Pakistan without it being considered as double jeopardy.