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No double jeopardy bar if there was no trial – Supreme Court
November 12 , 2018
2123 days
773
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- The Supreme Court ruled that, bar of double jeopardy does not arise if an accused was discharged of a criminal offence, even before the commencement of trial, on the basis of an invalid sanction for prosecution.
- Article 20 (2) of the Constitution mandates that a person cannot be prosecuted or punished double the times for the same offence.
- The above verdict has been ruled by a Bench of Justices R. Banumathi and Indira Banerjee.
- They held that if an accused has not been tried at all and convicted or acquitted, the principles of double jeopardy cannot be invoked at all.
- If an earlier order of sanction was found to be invalid, there is no bar for the competent authority to issue a proper order of sanction for prosecution.
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