Double Jeopardy
/DUB-ul JEP-er-dee/
Being tried twice for the same offence — a constitutional protection against prosecution after acquittal or conviction for the same crime.
Full Definition
Double jeopardy protects a person tried and acquitted or convicted from being tried again for the same offence on the same facts. It gives finality to criminal proceedings, protects individuals from prosecutorial harassment, and preserves the integrity of acquittals.
In Indian Law
Article 20(2) of the Constitution: 'No person shall be prosecuted and punished for the same offence more than once.' Section 300 CrPC / Section 337 BNSS give it procedural effect. The Supreme Court in State of Bombay v. S.L. Apte (1961) held the offence must be precisely the same.
Related Legal Sections
Landmark Cases
State of Bombay v. S.L. Apte (1961) — 'Same offence' test for double jeopardy
Frequently Asked Questions
Can the state appeal an acquittal without violating double jeopardy?
Yes — in India, state appeals against acquittal are permitted. Article 20(2) only bars fresh prosecution and punishment. An appeal is continuation of the same proceedings, not a new prosecution.