1. Introduction
Section
403 embodies the ancient maxim nemo debts bis vexari pro eadem cause (no person
should be twice disturbed for the same offence) and the common law principle of
the well-known pleas of autre fols acquit (formerly acquitted) and autre fols
convict (formerly convicted) which means that no one shall be punished or put
in peril twice for the same matter. It is to be noted that section 403 Cr.P.C
and Article 13 of the Constitution of Pakistan come into play only if one
proceeding has concluded and the second has started. Section 403 contemplates
of a situation where as person having once been tried by a Court of competent
jurisdiction and acquitted by such court cannot be tried again for the same
offence or for any other offence based on similar facts.
2. Relevant provisions
Section
403 of the Criminal Procedure, 1898
Cross
Reference
v Article
13(a) of the Constitution of Pakistan, 1973
v Section
11 of the code of Civil Procedure, 1908
v Section
26 of the General Clauses Act, 1897
3. Meaning of Double Jeopardy
The
term “Doubly Jeopardy” means “Trail for the same offence”.
4. Rule of Double Jeopardy u/s 403 Cr.P.C
Section
403 Cr.P.C contemplates a situation where a person has once been tried by a
court of competent jurisdiction and acquitted or convicted by such. Cannot be
tried again for the same offence or for any other offence based on similar
facts.
5. Conditions
In
order to bar the trial of any person already tried, it must be shown that
i.
He has been tried by the competent court for the same offence, or one for which
he might have been charged or convicted at that trial, on the same facts.
ii.
He has been convicted or acquittal is in force.
iii.
Such conviction or acquittal is in force.
The
rule of English Law, requiring the accused to have been tried as weel as
acquitted in order to bar further proceedings and embodied in this section, is
inapplicable to statutory acquittals under section 494, 247 and 345.
6. Provisions of Law
Criminal
Procedure code have provided following provisions in respect of double
jeopardy:
a. Prohibition against Trial for Same
offence
A
person, who has been tried by a court of competent jurisdiction for an offence
and has been convicted or acquitted of such offence, should not be liable to be
tried again for the same offence especially when such conviction or acquittal
remains in force.
b. Prohibition against trial on same facts
for any other offence
A
person, who has been tried by a court of competent jurisdiction for an offence,
should not be liable to be tried again on the same facts for any other offence
for which a charge might have been made under section No. 236 of Criminal
procedure Code when such charge is different from that charge, which has been
made against him or for which he might have been convicted under section No. 237
of Criminal Procedure Code.
c. Trial for any distinct offence
A
person, who has been acquitted or convicted of any offence, can afterwards, be
tried for any distinct offence for which a separate charge might have been made
against him on former trial under subsection 1 of Section No. 235 of criminal
procedure code.
d. Trial for different offence
If a
person has been convicted of any offence and such offence has been constituted
by any act and such act has caused those consequences which, together with such
act, constituted a different offence from that of which was convicted, such
person can be afterwards tried for such last-mentioned offence when the
consequences have not happened or we not known to court to have happened at
that time when he was convicted.
e. Trial for any other offence
When
a person has been acquitted or convicted of any offence, which has been
constituted by any acts, even then he, after such acquittal or conviction, can
be subsequently charged with and tried for any other offence, which has been
constituted by the same acts, which he may have committed if court, which first
tried him, was not competent to try that offence with which he is subsequently
charged.
Conclusion
To
conclude that it is the golden principle of law that no one should be punished
twice for the offence has already been punished or acquitted because this would
lead to unnecessary interruptions or delay and needless litigation will
continue for a long time. Section 403 is exhaustive on the subject of the
effect of previous conviction or acquittals. The scope of section 403 is
restricted to criminal proceedings and not to civil proceedings and
departmental inquiries.
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