Double Jeopardy - India

India

A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India. This states that ""No person shall be prosecuted and punished for the same offence more than once". This provision enshrines the concept of autrefois convict, that no one convicted of an offence can be tried or punished a second time. However it does not extend to autrefois acquit, and so if a person is acquitted of a crime he can be retried. In India, protection against autrefois acquit is a statuatory right, not a fundamental right. Such protection is provided by provisions of the Code of Criminal Procedure rather than by the Constitution.

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