Definition
The Latin maxim 'no one should be vexed twice for the same cause' — the principle against double jeopardy, embodied in Article 20(2) of the Constitution, which protects persons from being prosecuted and punished for the same offence more than once.
Nemo debet bis vexari (also expressed as 'nemo debet bis puniri pro uno delicto' — no one should be punished twice for the same offence) is the foundational principle of double jeopardy protection. In Indian constitutional law, Article 20(2) provides: 'No person shall be prosecuted and punished for the same offence more than once.' The principle applies when: (a) the same offence (same legal offence, not merely same facts); (b) prior prosecution; and (c) prior punishment. The rule under Indian law is narrower than the American double jeopardy protection: in India, the bar applies only where both prosecution AND punishment have occurred — an acquittal on the same facts may not bar a subsequent prosecution for a different offence arising from the same facts.
Statutory Definition
Article 20(2), Constitution of India: 'No person shall be prosecuted and punished for the same offence more than once.' Section 300, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 300 CrPC): gives effect to Article 20(2) — provides that a person tried and convicted or acquitted for an offence shall not be tried again for the same offence unless a higher court sets aside the conviction/acquittal and orders a fresh trial.
Etymology & Origin
Latin 'nemo' (no one) + 'debet' (ought, must, from 'debere') + 'bis' (twice) + 'vexari' (to be vexed, troubled, from 'vexare' — to shake, to trouble). 'No one ought to be vexed twice' — harassed by litigation twice for the same cause.
Full Legal Analysis
Nemo Debet Bis Vexari: The Protection Against Double Jeopardy
The State has enormous resources for prosecution; the individual has limited resources for defence. After enduring the ordeal of a criminal trial and its resolution — whether conviction or acquittal — the citizen is entitled to certainty that the matter is closed. Nemo debet bis vexari is the guarantee of that certainty: the State cannot keep bringing the same person back to court for the same offence.
Article 20(2): Indian vs. American Double Jeopardy
The Indian double jeopardy protection is different from the American: (a) India (Article 20(2)): Bars prosecution and punishment for the same offence after conviction and punishment. Acquittals are explicitly covered by Section 300 BNSS (not by Article 20(2) directly). (b) United States (5th Amendment): Bars second prosecution for the same offence after both acquittal AND conviction. The bar applies from the moment the jury is empanelled (jeopardy 'attaches' at that point). Indian protection is triggered after prosecution and punishment are complete — not from the initiation of trial.
Same Offence: Key Requirement
Article 20(2) applies only to the 'same offence' — not merely the same facts. If the same set of facts gives rise to multiple offences (e.g., a road accident gives rise to both rash driving and causing death by negligence), conviction and punishment for one does not bar prosecution for the other — they are different offences even though arising from the same incident. This distinction between 'same offence' and 'same facts' is critical: in India, the double jeopardy protection is offence-specific, not fact-specific.
“Nemo debet bis vexari is the state’s promise to its citizens: one bite of the apple. Once the legal process has run its course, the matter is closed. A state that could retry citizens indefinitely — each time hoping for a different result — would be the ultimate legal terror. This maxim prevents it.”
This Term in Indian Statutes
Constitution of India, 1950
"No person shall be prosecuted and punished for the same offence more than once."
Article 20(2): double jeopardy protection — no prosecution and punishment twice for same offence; Section 300 BNSS gives broader procedural effect
