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Standard X
History
Mode of Functioning of a Lok Adalat
LEGAL PRINCIP...
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
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B
He can be prosecuted because departmental proceedings are different from prosecution
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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
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D
The court has to prosecute only if the departmental commitee has recommended his prosecution
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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.

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Q. 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.
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Q. LEGAL PRINCIPLES: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
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4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
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Q. LEGAL PRINCIPLE: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
(1) That he was prosecuted by the defendant
(2) That the proceeding complained was terminated in favour of the present plaintiff
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