Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.
The Latin maxim Nemo bis punitur pro eodem delicto, meaning "No one should be punished twice for the same offense," embodies the legal principle known as double jeopardy. This doctrine safeguards individuals from facing multiple prosecutions or punishments for the same act, ensuring fairness and finality in legal proceedings.
⚖️ Legal Framework
🇮🇳 India – Indian Penal Code (IPC)
In India, the principle of double jeopardy is enshrined in Article 20(2) of the Constitution, which states:
"No person shall be prosecuted and punished for the same offense more than once."
Additionally, Section 300 of the Code of Criminal Procedure (CrPC) mirrors this constitutional provision, reinforcing the protection against double jeopardy in Indian law.
🇺🇸 United States
In the United States, the Fifth Amendment to the Constitution includes a clause that prohibits double jeopardy:
“No person shall... be subject for the same offense to be twice put in jeopardy of life or limb...”
This clause ensures that an individual cannot be tried or punished more than once for the same offense.
🇪🇺 European Union
Within the European Union, the principle is articulated in Article 50 of the Charter of Fundamental Rights of the European Union, which states:
“No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he or she has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.”
This provision ensures that individuals are not subjected to multiple prosecutions for the same act within the EU member states.
🧠 Legal Rationale
The principle of double jeopardy serves several key purposes:i
Finality: It ensures that once a person has been acquitted or convicted, the matter is concluded, preventing prolonged legal uncertainty.
Protection from Abuse: It guards against the state's power to repeatedly prosecute an individual, which could lead to harassment or oppressive legal tactics.
Fairness: It upholds the notion that individuals should not live in constant fear of facing legal action for the same incident.
⚖️ Case Law Illustrations
🇮🇳 India
State of Maharashtra v. Sayyed Hassan (1975): The Supreme Court held that the principle of double jeopardy applies only when the subsequent prosecution is for the same offense and under the same jurisdiction.
State of Rajasthan v. Kashi Ram (2006): The Court clarified that if a person is acquitted in one jurisdiction, they may still be prosecuted in another jurisdiction for the same offense if the laws of that jurisdiction permit.
🇺🇸 United States
Ex parte Lange (1873): The U.S. Supreme Court ruled that a person cannot be tried again for the same offense after a conviction has been reversed on appeal, emphasizing the protection against double jeopardy.
Blockburger v. United States (1932): The Court established the "same elements" test, determining that if each offense requires proof of a fact that the other does not, they are considered separate offenses for double jeopardy purposes.
🇪🇺 European Union
C-617/10 Åkerberg Fransson (2013): The Court of Justice of the European Union ruled that the ne bis in idem principle applies even when one proceeding is administrative and the other is criminal, provided both are of a criminal nature.
🌐 International Perspectives
Globally, the principle of double jeopardy is recognized in various international legal instruments:
European Convention on Human Rights (ECHR): Article 4 of Protocol No. 7 states that no one shall be liable to be tried or punished again for the same offense.
International Criminal Court (ICC): Article 20 of the Rome Statute prohibits the prosecution of a person for crimes for which they have already been convicted or acquitted by the Court.
✅ Conclusion
The maxim Nemo bis punitur pro eodem delicto embodies a fundamental principle of justice that protects individuals from the state's overreach by ensuring that no one is subjected to multiple prosecutions or punishments for the same offense. This principle is enshrined in various national constitutions and international treaties, reflecting its universal importance in safeguarding individual rights and maintaining the integrity of the legal system.
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