In legal terms, what is meant by double jeopardy? Under this clause, how an occupier can be protected when two or three statutes are used to sue him?
From India, New Delhi
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425From India, New Delhi
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Understanding Double Jeopardy
By double jeopardy is meant a person is required to face alternate prosecution for the same offense 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 labor judiciary simultaneously. The Constitution of India guarantees the right against double jeopardy under Article 20(2), which states:
"No person shall be prosecuted and punished for the same offense more than once."
From India, Bhopal
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By double jeopardy is meant a person is required to face alternate prosecution for the same offense 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 labor judiciary simultaneously. The Constitution of India guarantees the right against double jeopardy under Article 20(2), which states:
"No person shall be prosecuted and punished for the same offense more than once."
From India, Bhopal
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Dear Kumar,
Your question comprises two parts: the first relates to the meaning of the concept of "double jeopardy," and the second concerns its scope of application to an occupier of a factory governed by several labor laws.
Understanding Double Jeopardy
One of the fundamental principles of criminal law is that no person who has been accused of an offense should be prosecuted and punished for the same offense more than once. This act is called "double jeopardy," which is prohibited under Section 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: (1) Autrefois acquit (previous acquittal) and (2) Autrefois convict (previous conviction). Therefore, no person shall be prosecuted for the same offense more than once if they have already been convicted or acquitted of the offense by a competent court of law.
Application to Factory Occupiers
Regarding 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 offense, even if they are found in the same inspection. Therefore, the doctrine of double jeopardy cannot be applied to such a situation.
From India, Salem
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Your question comprises two parts: the first relates to the meaning of the concept of "double jeopardy," and the second concerns its scope of application to an occupier of a factory governed by several labor laws.
Understanding Double Jeopardy
One of the fundamental principles of criminal law is that no person who has been accused of an offense should be prosecuted and punished for the same offense more than once. This act is called "double jeopardy," which is prohibited under Section 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: (1) Autrefois acquit (previous acquittal) and (2) Autrefois convict (previous conviction). Therefore, no person shall be prosecuted for the same offense more than once if they have already been convicted or acquitted of the offense by a competent court of law.
Application to Factory Occupiers
Regarding 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 offense, even if they are found in the same inspection. Therefore, the doctrine of double jeopardy cannot be applied to such a situation.
From India, Salem
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