Section 300 CrPC: Double Jeopardy Protection in India’s Criminal Procedure

1. The Code

Section 300 of the Code of Criminal Procedure, 1973 (CrPC) deals with the principle of double jeopardy, which prohibits the prosecution of a person for the same offence twice.

2. Explanation

This section states that no person shall be prosecuted and punished for the same offence more than once. This means that once a person has been acquitted or convicted of an offence by a competent court, they cannot be tried again for the same offence, even if new evidence comes to light. However, there are some exceptions to this rule.

3. Illustration

Imagine a person is accused of stealing a car. The case goes to trial, and the person is acquitted due to lack of evidence. Later, new evidence is found that clearly proves the person’s guilt. However, under Section 300, the person cannot be retried for the same offence of stealing the car.

4. Common Questions and Answers

Q: What are the exceptions to the double jeopardy rule?

A: The exceptions are outlined in Section 300 itself. For instance, a person can be retried if:

The first trial was a nullity.

The first acquittal was due to a technical error.

The accused was acquitted because of a pardon.

The accused was acquitted by a court that lacked jurisdiction.

Q: What happens if a person is tried twice for the same offence?

A: The second trial will be deemed illegal, and any conviction or sentence imposed will be void. The person may be able to seek legal remedies to have the second trial quashed.

Q: Does this apply to civil cases as well?

A: No, this protection is specifically for criminal cases. In civil cases, the principle of res judicata prevents a party from re-litigating the same issue.