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.
Table of Contents
- INTRODUCTION
- RELEVANT PROVISIONS
- MEANING OF DOUBLE JEOPARDY
- MEANING OF CONVICTION & ACQUITTAL
- RULE OF DOUBLE JEOPARDY UNDER SECTION 403 CrPC
- BASIS OF SECTION 403 CrPC
- CONDITIONS
- 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
- 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:
- RULE OF ESTOPPEL OR PUBLIC POLICY
- WHAT TIME TO TAKE PLEA
Objectives and Key Themes
This paper aims to provide a comprehensive overview of the doctrine of "Double Jeopardy" under the "Code of Criminal Procedure 1898". It will discuss the legal provisions on Double Jeopardy in Pakistan, analyze the basis of section 403 CrPC, and critically review the doctrine.
- Definition and application of the Double Jeopardy rule
- Legal provisions governing Double Jeopardy in Pakistan
- Basis of section 403 CrPC
- Conditions for the applicability of the doctrine
- Exceptions to the doctrine of Double Jeopardy
Chapter Summaries
The paper begins by introducing the concept of Double Jeopardy, explaining its importance in safeguarding the integrity of the criminal justice system and protecting the accused's rights. It then delves into relevant provisions, including Section 403 of the Criminal Procedure Code, 1898, and the relevant constitutional and statutory provisions.
The paper further explores the meaning of Double Jeopardy, conviction, and acquittal, setting the foundation for understanding the application of Section 403 CrPC. It elaborates on the Rule of Double Jeopardy under Section 403, examining its interpretation by the Supreme Court of Pakistan.
The paper continues by discussing the basis of Section 403 CrPC, detailing the conditions necessary for its applicability and outlining the specific provisions of law regarding prohibition against multiple trials. It then analyzes various exceptions to the rule of jeopardy, including situations involving several offenses, departmental inquiries, and offenses punishable under different laws.
Finally, the paper explores the concept of estoppel and public policy in relation to Double Jeopardy, highlighting the principle's importance in ensuring fair trials and preventing abuse of the judicial process.
Keywords
This paper focuses on the concepts of Double Jeopardy, criminal procedure, Section 403 CrPC, the Code of Criminal Procedure, 1898, acquittal, conviction, estoppel, public policy, and relevant case laws in Pakistan. The paper aims to provide a thorough understanding of the doctrine of Double Jeopardy within the Pakistani legal framework.
- Citation du texte
- Fatima Tariq (Auteur), 2020, Double Jeopardy. Under Criminal Procedure Code of Pakistan, Munich, GRIN Verlag, https://www.grin.com/document/1159107
