Law of Previous Acquittals or Convictions Ch: Xxx (S. 403) Cr. P. C. 1898
19 Pages Posted: 12 Nov 2012
Date Written: October 30, 2012
Abstract
There is an ancient maxim of Latin: Nemo debis bis vexari which means in the English language: A person cannot be tried a second time for an offence which is involved in the offence with which he was previously charged.
The same principle Autrifois acquit (formerly acquitted) and Autrefois convict (formerly convicted) is prevailing in the common law. Important principles underlying invocation of this rule is that if such person is tried by a Court of competent jurisdiction for an offence irrespective of the fact whether he is convicted or acquitted he cannot be tried again for the same offence and contemplates of a situation where a person has once been tried by a Court of competent jurisdiction and acquitted by such Court cannot be tried again for the same offence nor for an other offence based on similar facts.
Chapter XXIV of Part VI of the Code of Criminal Procedure, 1898 which contains only one section (i.e. section 403 Cr. P. C.) and has exhaustively covered the subject of Double Jeopardy. This paper discusses it in the light of the judicial precedents.
Keywords: Nemo debis bis vexari, Autrifois acquit, Autrefois convict, double jeopardy, criminal law, Pakistan, administration of justice, section 403 CRPC, criminal procedure code 1898, Article 13 Constitution of Pakistan 1973, fair trial, formerly acquitted, formerly convicted
JEL Classification: K40
Suggested Citation: Suggested Citation