Consider the following statements with regard to Double Jeopardy 1 Its not considered in departmenta...........

Indian Polity Fundamental Rights

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Consider the following statements with regard to Double Jeopardy:

1) Its not considered in departmental enquiry but court proceedings only.

2) It is explicitly mentioned in the constitution of India.

3) It's a fundamental right and cannot be taken in any circumstances.

Which of the above statements is/are incorrect ?

1 and 2 only

1 and 3 only

2 and 3 only

None

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Explanation:

Explanation: All the statements are correct under Article- 20(3).

Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.It contains three provisions in that direction:

No Ex-Post-Facto Law
No Doubkle Jeopardy
No self-incrimination

Double Jeopardy is a legal term and it means that a person can not be punished for the same offense more than once. The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.