PRINCIPLE : Double jeopardy : No person shall be prosecuted and punished for the same offence more than once. FACTS : Arun was a Government Employee working in the examination and admissions department of Indian Institute of Science and Technology (IIST), the best engineering college in India. Arun was accused of having leaked the entrance examination paper to Kamlesh for a hefty bribe. Disciplinary proceedings were initiated against Kamlesh by IIST wherein he was found guilty and as a penalty, he was removed from employment. Thereafter, a criminal case was registered against him for having committed the offence of cheating by leaking the entrance paper. Arun takes the defence that the criminal prosecution is not permitted by the principle of double jeopardy. Decide.

Option A: The principle of double jeopardy will not apply as the disciplinary proceedings by IIST cannot be termed as prosecution since they were mere departmental proceedings and not criminal prosecution

Option B: The principle of double jeopardy will apply as Arun has already been found guilty and punished by IIST

Option C: The principle of double jeopardy will not apply as Arun is accused of a serious offence of cheating the public at large

Option D: Both (a) snd ( c )

Correct Answer

Option: a

Explanation

Chapter XXVI, Section 300 of CrPC describes that A person once convicted or acquitted not to be tried for same offence.

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