double jeopardy
Different Charge for the same action or same offence
Can Different Charge be laid for the same action or same offence?
By  Harsh Sharma  |  31 May 2016  |  Upvotes: 0  | 

1 Answer(s)


Doctrine against Double Jeopardy in Constitution of India, Article 20(2) says that ‘no person shall be prosecuted and punished for the same offence more than once.” But it is subjected to certain restrictions. And it is to be noted that Article20(2) of Constitution of India does not apply to a continuing offence.There are some examples of cited cases mentioned below which throw light on the above question:In Venkataraman v. Union of India,[8] An enquiry was made before the enquiry commissioner on the appellant under the Public Service Enquiry Act,1960 & as a result, he was dismissed from the service. He was later on, charged for committed the offence under Indian Penal Code & the Prevention of Corruption Act. The court held that the proceeding held by the enquiry commissioner was only a mere enquiry & did not amount to a prosecution for an offence. Hence, the second prosecution did not attract the doctrine of Double Jeopardy or protection guaranteed under Fundamental Right Article 20 (2).It is to be noted that Article 20 (2) will applicable only where punishment is for the same offence.The rule against Double Jeopardy stipulates that no one may be put in peril twice for the same offence.

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