News By/Courtesy: SHUCHITA SRIVASTAVA | 01 Nov 2018 15:17pm IST

HIGHLIGHTS

  • double jeopardy will not apply when the accused was discharged due to lack of proper sanction
  • State of Mizoram v. Dr.C.Sangnghina
  • Article 20(2) of COI and section 300 of CRPC

The honorable Supreme Court, yesterday, in its landmark judgment held that the principles of “double jeopardy” will not apply when the accused was discharged due to lack of proper sanction. It further cleared that there was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.

The said judgment came in the case of State of Mizoram v. Dr.C.Sangnghina where R.Banumathi.J. and Indira Banerjee.J. while hearing a criminal appeal against the judgment of Mizoram High Court held that “principle of double jeopardy under Article 20(2) of COI and under section 300 of CRPC cannot be invoked where the accused has not been tried at all and convicted or acquitted”. It was further held that in order to bar the trial of any person already tried, it must be shown that -

  • that he has been tried by a competent court for the same offense or one for which he might have been charged or convicted at that trial, on the same facts;
  • that he has been convicted or acquitted at the trial; and
  • That such conviction or acquittal is in force.

The honorable Court has further observed that the Special Court and the High Court were not right in holding that the filing of the fresh charge sheet with proper sanction order for the prosecution was barred under the principles of double jeopardy. The Special Court erred in refusing to take cognizance of the case even after production of valid prosecution sanction obtained from the competent authority and the High Court was not right in affirming the order of the Special Court.

Section Editor: UTKARSH JAISWAL | 01 Nov 2018 15:24pm IST


Tags : #double jeopardy

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