A sentence, whether absolvitor or condemnatory, is a complete bar, not only to any subsequent trial for the same offence, but for any other crime involving the same species facti, whether at the instance of the public or private property. This principle of double jeopardy has been a part of the legal system since man can remember and is an honest endeavour to protect the non-guilty ones. It can therefore be considered a positive and just doctrine based on equity, justice and good conscience.
By Swati Duggal, Punjab University Editor’s Note: Fair trial is an integral part of Article 21 of the Constitution and rests on the basic principle of presumption of innocence. The research paper focuses on the concept of fair trial in India. International instruments such as the Universal Declaration of Human Rights, […]