Monday, October 30, 2023

Grounds for applicability of the doctrine of double jeopardy

 

Grounds for applicability of the doctrine of double jeopardy 

In legal terms, jeopardy refers to the danger that defendants in criminal cases suffer, such as jail time or penalties. In three situations, double jeopardy has been stated as a valid defence:

  1. First and foremost, the individual must be charged with a crime. In the General Clauses Act of 1897, the term ‘offence’ is defined. Any act or omission that is criminal under the law in force at the time.
  2. Before a court or a judicial tribunal, the investigation or proceeding must have occurred.
  3. In the prior process, the person must have been arrested and punished.
  4. The offence must be the same as the one for which he was previously convicted and sentenced.

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