kumaracme
416

In legal terms, what is meant by double jeopardy ? Under this clause, how an occupier can be protected when two or three statutes sue against him ?
From India, New Delhi
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Umakanthan53
Labour Law & Hr Consultant

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kk-nair
By double jeopardy is meant a person is required to face alternate prosecution for the same offence under different laws. For instance, in the case of an unfortunate accident in the Factory, the employer cannot be forced to defend himself separately before the criminal court and the Labour judiciary simultaneously. Constitution of India guarantees right against double jeopardy under article 20(2) which states:-

(2) No person shall be prosecuted and punished for the same offence more than once.

From India, Chhindwara
umakanthan53
5887

Dear Kumar,

Your question comprises of two parts - the first one relating to the meaning of the concept of " DOUBLE JEOPARDY " and the second one is about it's scope of application to an occupier of a factory which is governed by several Labor Laws.

One of the fundamental principles of Criminal Law is that no person who has been accused of an offence should be prosecuted and punished for the same offence more than once. Such an act is called " double jeopardy " which is prohibited u/s 300 of the Code of Criminal Procedure,1973 and under Article 20(2) of the Constitution of India as well.
This principle has two cardinal rules viz.,
(1) Autre fois acquit (previous
acquittal) AND
(2) Autre fois convict (previous
conviction)
Therefore, no person shall be prosecuted for the same offence more than once had he been already convicted or acquitted of the offence by a competent court of law.

Coming to the second part of your query, when an Occupier is mandatorily required to comply with several laws applicable to his factory, every contravention under each law is a distinct offence though they are found in the same inspection. Therefore, the doctrine of double jeopardy cannot be applied to such a situation.

From India, Salem
kumaracme
416

Dear Shri Umakanthan Sir, Thanks for your erudite and knowledgeable reply which are useful for my understanding.
From India, New Delhi

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