Doctrine of Double Jeopardy under the Constitution of India and the Code of Criminal Procedure, 1973: A Comparative Analysis

Art. 20 clause (2) of the Constitution of India incorporates the principle which is known as the doctrine of ‘double jeopardy’ in Anglo-American jurisprudence. Fifth Amendment to the American Constitution provides that “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” Before the present Constitution in India there was no such provision in Government of India Act, 1935. The principle was however incorporated in Section 26 of the General Clauses Acts, 1897 and Section 403 of the Old Criminal Procedure Code, 1898 which now finds mention under Article 20, clause of the Constitution of India and Section 300 of the Criminal Procedure Code of 1973.