Under the term double jeopardy rsquo implied in clause of Article 20 of the Constitution of India a ...........

Indian Polity Fundamental Rights

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Under the term `double jeopardy’ implied in clause of Article 20 of the Constitution of India, a person

convicted by a court of law cannot be punished under departmental proceedings for the same offence

punished departmentally cannot be prosecuted in a court of law for the same offence

shall not be prosecuted and punished for the same offence more than once

cannot be subjected to proceedings in civil courts for disobedience of an injunction along with criminal proceedings

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Explanation:

Fundamental right which is guaranteed under Article 20(2) of Constitution of India incorporates the principles of “autrefois convict” or Double jeopardy which means that person must not be punished twice for the offence. Doctrine against Double Jeopardy embodies in English common law’s maxim ‘nemo debet bis vexari, si constat curice quod sit pro una iti eadem causa” (no man shall be punished twice, if it appears to the court that it is for one and the same cause). It also follows the “audi alterum partem rule” which means that no person can be punished for the same offence more than ones. And if a person is punished twice for the same offence it is termed Double jeopardy.