Double Jeopardy. Under Criminal Procedure Code of Pakistan

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

INTRODUCTION

The principle of criminal law called the double jeopardy rule is that no person should be punished more than once for the same offense and that no person ought to be placed twice in jeopardy (at risk) of being convicted. This means that a person who has been charged, tried, and acquitted cannot be charged again for the same matter. The rule plays a vital role in the protection of the integrity of the criminal justice system including the precious human rights of the accused persons. The existence of the rule is very essential as far as a criminal justice administration is concerned irrespective of the nature of the system. The double jeopardy principle is one such value protected by the system. This principle protects people from being tried for the same crime twice in a court of law.

RELEVANT PROVISIONS

i. Section 403 of the Criminal Procedure, 1898
Cross Reference
i. Article 13(a) of the Constitution of Pakistan, 1973
ii. Section 11 of the code of Civil Procedure, 1908
iii. Section 26 of the General Clauses Act, 1897

Case Reference

In Mst. Naushad Bibi v. Sher Khan and others, it was laid down that Article 13 of the Constitution of Pakistan, Section 403 of the Criminal Procedure Code (V of 1898), Section 26 of the General Clauses Act (X of 1897), Protection against double jeopardy had been provided against double punishment and not the trial of the offence.¹

MEANING OF DOUBLE JEOPARDY

The term “Double Jeopardy” means “ Trail for the same offence ”.²

According to Oxford Dictionary of Law: “ A defence to a prosecution for a crime, raising the claim that the accused is being placed on trial for a second time for the same offence. ” ³

MEANING OF CONVICTION & ACQUITTAL

- Meaning of Conviction: Conviction means conviction for a criminal offence i.e; an offence which may be punishable with fine or deprivation of liberty.⁴

- Meaning of Acquittal: Acquittal means verdict of the jury per the final judgment of the Court that the prison goes there without day.⁵

RULE OF DOUBLE JEOPARDY UNDER SECTION 403 CrPC

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 court, he/she cannot be tried again for the same offence or for any other offence based on similar facts. The Hon'ble Supreme Court of Pakistan has interpreted this rule by observing in case Syed Alamdar Hussain Shah v. Abdul Baseer Qureshi & two others ⁶. It was held that where the prosecution finally concluded ended either in acquittal or conviction that a fresh prosecution for the same would be barred.

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¹ 2013 P Cr. L J 666

² https://dictionary.cambridge.org/dictionary/english/double-jeopardy

³ https://www.oxfordlearnersdictionaries.com/definition/american_english/double-jeopardy

⁴ Asanga 2019: 10

⁵ Asanga 2019: 11

⁶ PLJ 1978 Supreme Court 221