The accused was found guilty of Section 107 of Customs Act and punished therefore Police then change...........

Constitutional Law Articles, Schedules and Amendment

The accused was found guilty of Section 107 of Customs Act and punished therefore Police then changed him under section 120 B I.P.C. He pleaded rule of double jeopardy.

He can’t be punished under section 120 B as rule of double jeopardy prohibits.

He can’t plead the rule of double jeopardy as the offence under the Act 120 B I.P.C. is different from section 107 of customs Act.

Section 107 of Customs Act is not of criminal nature so he can’t plead prohibition under this rule.

None of these

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Explanation:

He can’t plead the rule of double jeopardy as the offence under the Act 120 B I.P.C. is different from section 107 of customs Act.

Because

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. And if a person is punished twice for the same offence it is termed Double jeopardy.

Hence option 2nd is correct.