Doctrine of Autrefois Acquit

In order to attract the provisions of Article 20 (2) of the Constitution of India, i.e. doctrine of autrefois acquit or Section 300 of Crpc or Section 71 of IPC or Section 26 of the General Clauses Act, the ingredients of the offences in the earlier case as well as in the latter case must be the same and not different. The test to ascertain whether the two offences are the same is not the identity of the allegations but the identity of the ingredients of the offence. Motive for committing the offence cannot be termed as the ingredients of offences to determine the issue. The plea of autrefois acquit is not proved unless it is shown that the judgment of acquittal in the previous charge necessarily involves an acquittal of the latter charge. Sangeetaben Mahendrabhai Patel v. State of Gujarat and another, (2012) 7 SCC 721

Advertisements

1 Comment

Filed under Criminal Law, double jeopardy

One response to “Doctrine of Autrefois Acquit

  1. Varun

    How Can we employ Section 300 of CrPc, When trial was held in Dubai and person was acquainted, and again the Same offences are charged upon and trial is instituted in India. Is there any Case law or any trety/ agreement dealing with such thing…???

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s