The point of discussion of this paper is to have a detailed overview of the doctrine of "Double Jeopardy" under the "Code of Criminal Procedure 1898".
This paper will begin by discussing what Double Jeopardy is, then it will discuss the legal provisions on Double Jeopardy applicable in Pakistan. It will explain the basis of section 403 CrPC. A critical review of this doctrine will be given in this paper at hand.
OUTLINE OF PAPER
1. INTRODUCTION
2. RELEVANT PROVISIONS
3. MEANING OF DOUBLE JEOPARDY
4. MEANING OF CONVICTION & ACQUITTAL
5. RULE OF DOUBLE JEOPARDY UNDER SECTION 403 CrPC
6. BASIS OF SECTION 403 CrPC
7. CONDITIONS
8. PROVISIONS OF LAW
- PROHIBITION AGAINST TRIAL FOR SAME OFFENCE
- PROHIBITION AGAINST TRIAL ON SAME FACTS FOR ANY
OTHER OFFENCE
- TRIAL FOR ANY DISTINCT OFFENCE
- TRIAL FOR DIFFERENT OFFENCE
- TRIAL FOR ANY OTHER OFFENCE
9. EXCEPTIONS TO SECTION 403/RULE OF JEOPARDY
- SEVERAL OFFENCES:
- DEPARTMENTAL INQUIRIES:
- SEPARATE OFFENCE:
- INCOMPETENCY OF COURT TO TRY OFFENCE:
- CONTINUING OFFENCE:
- OFFENCE PUNISHABLE UNDER DIFFERENT LAWS:
10. RULE OF ESTOPPEL OR PUBLIC POLICY
11. WHAT TIME TO TAKE PLEA
12. CONCLUSION
PREFERENCES
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