​Double Jeopardy

  • Supreme Court in a recent judgement has held that the 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.
  • It means that if an “accused has not been tried at all and convicted or acquitted, the principles of double jeopardy cannot be invoked at all.”
  • The judgment is based on an appeal filed by the State of Mizoram against an order passed by the Gauhati High Court in August 2015, upholding a Special Court decision to decline to entertain a ....
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