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.

Sample Mock Tests for Practice

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

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THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

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CLAT 2019

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

CLAT 2015

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 08 Q. NO. 246 TO 280)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 15 Q. NO. 491 TO 525)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 19 Q. NO. 721 TO 760)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)