Published on: 25 December 2022 at 12:11 IST
Court: Supreme Court of India
Citation: T.P. Gopalakrishnan v. State of Kerala 2022
Honourable Supreme Court of India has held that Double Jeopardy means prosecuting a person for the same offence in same series of facts, for which he has previously either been acquitted or has been convicted and undergone the punishment, affects the person’s right to live with dignity.
It is held that Double Jeopardy is violative of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to procedure established by law and thus the protection against Double Jeopardy is also included under the scope of Article 21 of the Constitution of India.
31. Double jeopardy is often confused with double punishment. There is a vast difference between the two. Double punishment may arise when a person is convicted for two or more offences charged in one indictment however, the question of double jeopardy arises only when a second trial is sought on a subsequent indictment following a conviction or acquittal on an earlier indictment.
This doctrine is certainly not a protection to the individual from peril of second sentence or punishment, nor to the service of a sentence for one offence, but is a protection against double jeopardy for the same offence that is, against a second trial for the same offence.
Drafted By Abhijit Mishra
