wiz-icon
MyQuestionIcon
MyQuestionIcon
10
You visited us 10 times! Enjoying our articles? Unlock Full Access!
Question

LEGAL PRINCIPLE: No person shall be prosecuted and punished for the same offence more than once.
FACTUAL SITUATION: Suresh harasses his colleague Nimita in the office. Nimita makes a complaint to her employer and also to the police station. Following the recommendations of the departmental committee, the employer terminates the services of Suresh. The police also arrested him and prosecution started. He defended that he cannot be punished twice.
Which of the following options is correct?

A
He cannot be prosecuted
No worries! We‘ve got your back. Try BYJU‘S free classes today!
B
He can be prosecuted because departmental proceedings are different from prosecution
Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses
C
It is the sole discretion of the court to prosecute him or not to prosecute him as he has already paid a price a price by losing his job
No worries! We‘ve got your back. Try BYJU‘S free classes today!
D
The court has to prosecute only if the departmental commitee has recommended his prosecution
No worries! We‘ve got your back. Try BYJU‘S free classes today!
Open in App
Solution

The correct option is B He can be prosecuted because departmental proceedings are different from prosecution
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.
Nimita though filed two complaints but they were filed differently that is one under the department and other under police station.
Prosecution by the police is different than the departmental proceedings and would not amount to double jeopardy.

flag
Suggest Corrections
thumbs-up
0
similar_icon
Similar questions
View More
Join BYJU'S Learning Program
similar_icon
Related Videos
thumbnail
lock
The Lok Adalat and the LSA
HISTORY
Watch in App
Join BYJU'S Learning Program
CrossIcon