Double
Jeopardy or “autrefois convict” is a legal term and many people are familiar to
this term & its definition that a
person can not punished for the same offence more than once.
Fundamental
right which is guaranteed under Article20(2) of Constitution of India
incorporates the principles of “autrefois convict” or Double jeopardy
which means that person must not be punished twice for the offence.
Doctrine
against Double Jeopardy embodies in English common law’s maxim ‘nemo debet bis
vexari, si constat curice quod sit pro una iti eadem causa” (no man shall be
punished twice, if it appears to the court that it is for one and the same
cause).
It also follows the “audi alterum partem rule” which means that no
person can be punished for the same offence more than ones. And if a person is
punished twice for the same offence it is termed Double jeopardy.
The
word Jeopardy refers to the “danger” of conviction that an accused person is
subjected to when one trial for an criminal offence.
The
act of putting a person through a second trial of an offence for which he or
she has already been prosecuted or convicted.
This
means that if a person is prosecuted or convicted ones cannot be punished again
for that criminal act. And if a person is indicated again for the same offence
in the court then he has the plea of Double Jeopardy as a valid defense.