Which provision under the Code provides the indication as to the rule against double jeopardy?

Option A: Section 300

Option B: Section 305

Option C: Section 309

Option D: Section 311

Correct Answer

Option: a

Explanation

Section 300 of the Criminal Procedure Code, 1973 provides that person once convicted or acquitted not to be tried for same offence. Note. Double jeopardy is defined as that no person shall be convicted for one offence more than once. Article 20(2) of the Constitution provides that no person shall be prosecuted and punished for the same offence more than once. Section 26 of General Clauses Act, 1897 provides that where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.

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