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Question

LEGAL PRINCIPLE: No one can be punished for the same offence twice.
FACTUAL SITUATION: Aditya is accused of harassing his colleague Nimisha. She complains to her superior and a departmental inquiry is initiated against Aditya. Aditya tries to intimidate Nimisha and continues harassing her following which she complains to the police. The departmental inquiry finds him guilty and terminates his services. Later, he is found guilty by a court and is jailed for 2 years. He claims that he has been punished twice.
DECIDE.

A
He has been punished twice for the same offence
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B
He has been punished thrice for the same offence
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C
He has been punished for different offences
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D
None of the above
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Solution

The correct option is B He has been punished for different offences
The principle is enshrined in Article 20 of the Indian Constitution as the doctrine of Double Jeopardy. It means that no person should be prosecuted and punished for the same offence more than once.
Nimisha though filed two complaints but they were filed differently that is one under the department and other under police station. The former one was made against the act of harassment of Nimisha by Aditya, the latter one against the intimidation and continuing of harassment of Nimisha and Aditya.
Prosecution by the police is different than the departmental proceedings and would not amount to double jeopardy as the offences are different.
Hence, C is the correct option.

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