Does the protection of Article 20(2) and Section 300 CrPC bar trying an accused a second time once already tried and acquitted?
Coram: Justice Sanjay Kumar · Justice Sanjeev Sachdeva
The protection of Article 20(2) and Section 300 CrPC bars trying an accused a second time once already tried and acquitted.
The protection of Article 20(2) and Section 300 CrPC bars trying an accused a second time once already tried and acquitted. Even where the Court directs a fresh investigation into the same crime, an accused already tried and acquitted by the Sessions Court in that FIR cannot be subjected to further investigation or prosecution (¶61).
Constitution of India — Art.21 — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — s.173(8) — Reinvestigation — Fair investigation — Double jeopardy — Constitution of India — Code of Criminal Procedure, 1973 — s.173(8) — Power to direct reinvestigation — Held: A constitutional court can direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner. Such power extends even after trial has commenced and the court may constitute a Special Investigating Team. (¶52, 54) Constitution of India — Art.21 — Fair investigation — Held further: A fair investigation is as much a part of the constitutional right under Article 21 as a fair trial. An investigation conducted in a tainted or biased manner requires the court to interfere to prevent a failure of justice. (¶54) Constitution of India — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — Double jeopardy — Held further: The protection of Article 20(2) and Section 300 CrPC bars trying an accused already tried and acquitted, even where reinvestigation is directed into the crime. The appeal was disposed of with a de novo investigation by a newly constituted Special Investigation Team. (¶61)
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