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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Autrefois acquit and autrefois convict
| Literal meaning | Previously acquitted / previously convicted |
|---|---|
| Pronunciation | oh-truh-FWAH ah-KWIT / oh-truh-FWAH kon-VIKT |
A person who has been acquitted or convicted of an offence cannot be tried again for the same offence. They are pleas that bar a second trial.
Example
A man is tried and acquitted of murder. He cannot be tried again for the same murder.
Statutory link
- Article 20(2) of the Constitution of India: no one is prosecuted and punished for the same offence more than once.
- Section 300 of the Code of Criminal Procedure, 1973 (now Section 337 of the Bharatiya Nagarik Suraksha Sanhita) bars a second trial on the same facts.
Exceptions / limits
The earlier trial must have been before a competent court and ended in acquittal or conviction.
Exam tip
Asked as double jeopardy.
Memory trick
Acquit or convict: one trial is enough.
Key takeaway
A second trial for the same offence is barred.
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