Question

PRINCIPLE: No person shall be prosecuted punished for the same offence twice.
FACTUAL SITUATION: 'A', a kleptomaniac was an acquaintance of 'B' and used to visit 'B's home on weekends. One day, 'B' was unable to find his watch after a visit from 'A'. Untimatley, 'B' informed the police about the missing watch and the persons who had been to his room. The police, among others, made a search on person of 'A' and found the watch in his pocket. At his trial, the Court found him guilty of theft and sentenced him to 3 months in prison After completing his sentence, 'A' went to 'B's home to apologize for his conduct. After 'A' left, it was discovered that 'B's watch was missing, 'A' informed the police who located the watch from 'A's home. Can 'A' be prosecuted for theft?

• A. No, he has already been prosecuted and punished for theft and cannot be punished for the same again
• B. No, he is a kleptomaniac with a psychological disorder of stealing and therefore cannot be found guilty
• C. Yes, he can he prosecuted because he has committed two separate acts of theft
• D. Yes, he can be prosecuted because the recovery of the stolen goods in each case has been made from separate places

Answer 1

Answer: (C)

Yes, he can he prosecuted because he has committed two separate acts of theft

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.

A can be prosecuted for the same crime if committed more than once because then it would constitute a separate offence every time. Therefore, A can be prosecuted for theft because he committed theft the twice hence can be prosecuted twice.