What is double Jeopardy?

Double jeopardy is a legal principle that protects individuals from being tried twice for the same crime. It’s enshrined in the Fifth Amendment of the United States Constitution, which states: “No person shall be subject for the same offense to be twice put in jeopardy of life or limb.” 

Double Jeopardy in India

India’s approach to double jeopardy differs slightly from the United States. Here’s what you need to know:

Partial Protection:

• Unlike the US, India’s double jeopardy protection is not absolute.
• Article 20(2) of the Indian Constitution states: “No person shall be prosecuted and punished for the same offence more than once.”

Double Jeopardy in USA:

• Protection against multiple trials: Once you’ve been acquitted or convicted of a crime, you cannot be tried again for the same offense by the same sovereign (e.g., state or federal government).




• Applies to both acquittal and conviction: This means you’re protected whether you’re found innocent or guilty in the first trial.




• Prevents multiple punishments: Even if you’re convicted in the first trial, you cannot be punished more than once for the same crime.

There are some exceptions to the double jeopardy rule, such as:

• Trying someone for a different crime arising from the same act: For example, you could be tried for both robbery and murder if they occurred during the same incident.




• Retrying a case due to misconduct: If the first trial was unfair due to prosecutorial or judicial misconduct, the defendant may be retried.




• Trying someone in a different jurisdiction: If you’re acquitted in one state, you can still be tried for the same crime in another state.

The principle of double jeopardy is important because it protects individuals from the unfairness of being repeatedly prosecuted for the same offense. It also helps to ensure that the justice system is fair and efficient.