Legal Principle The Latin maxim nemo bis punitur pro eodem delictomeans that nobody can be punished ...........

Legal Concepts Legal Maxim

Legal Principle: The Latin maxim nemo bis punitur pro eodem delictomeans that nobody can be punished twice for the same offence.

Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handedover to the police. Sajan pleads before the magistrate that since he was already thrashed by the people heshould not be again punished by the State.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

Sajan is right since nobody should be punished for the same offence twice.

Thrashing given by the people does not amount to legal punishment and so Sajan can be punished bythe State.

Giving a good thrashing to the thief is the best form of punishment to prevent future theft.

The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.

Explanation:

Thrashing given by the people does not amount to legal punishment and so Sajan can be punished bythe State because getting thrashed is not a legal punishment.
Hence, option 2 is the correct answer.