Can A Person Be Tried Twice For The Same Offense? What is the Concept of Double Jeopardy?

The concept of Double Jeopardy is rooted in the Latin maxim ‘Nemo debet bis vexari pro una et eadem causai’ which ensures that no one should be vexed twice for the same offense. Thus uploading fairness, finality, and protection against state abuse.

This concept is enshrined in Article 20(2) and Section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This protection is applicable only after a lawful conviction or acquittal.

In Maqbool Hussain v. State of Bombay (1953), the Supreme Court held that the customs proceedings were not a judicial trial. Ergo, a later criminal case did not violate the protection against double jeopardy.