Definition
Protection against being tried twice.
No person shall be prosecuted twice for same offence.
Statutory Definition
Article 20(2) Constitution.
Etymology & Origin
From French 'jeu parti' (a divided game, an uncertain risk). Refers to the risk (jeopardy) of criminal conviction and punishment being faced twice for the exact same act.
Full Legal Analysis
Double Jeopardy is a fundamental constitutional protection that prevents a person from being prosecuted and punished more than once for the same criminal offence. It is rooted in the Latin maxims nemo debet bis vexari (no man shall be put twice in peril for the same offence) and autrefois convict (previously convicted).
In India, this protection is enshrined in the Constitution as a Fundamental Right, ensuring that the state cannot continuously harass an individual with repeated trials for the same act until it secures a desired punishment.
It is important to note that Article 20(2) only applies if the person was both 'prosecuted' and 'punished' in the first instance. However, the procedural law (BNSS 336) goes further, protecting a person even if they were 'acquitted' in the first trial.
The Supreme Court clarified that departmental proceedings (like customs confiscation) do not amount to 'prosecution' by a court. Therefore, criminal trial following a departmental penalty does not violate double jeopardy.
Advocates raise the plea of double jeopardy at the earliest stage of a trial—often during the framing of charges—to seek the immediate discharge of the accused if a prior trial on the same facts has concluded.
This Term in Indian Statutes
Constitution of India, 1950
"No person shall be prosecuted and punished for the same offence more than once."
The fundamental constitutional guarantee against state harassment via repeated trials.
