DOUBLE JEOPARDY INTRODUCTION: 4 person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence to be shall, while such conviction or acquittal remains in liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been under Section 236 CrP.C or for which he might have been convicted under Section 237. PURPOSE: Section 403 of the Criminal Procedure Code (CrPC) states that a person who has been convicted or acquitted of an offence shall not be tried again for the same offence or for any other offence based on the same facts. This is known as the principle of double jeopardy or non bis in idem, which is a fundamental principle of criminal law. The purpose of this section is to prevent the abuse of the legal process by the state and to protect individuals from harassment and oppression. Once a person has been convicted or acquitted of an offence, the matter should be considered as finally settled and the person should not be subjected to further prosecution for the same offence. RELEVANT PROVISIONS: Following is the relevant provision of Cr.P.C. regarding concerned topic: Section 403 of Cr.P.C Cross Reference: Article 13(A) Constitution of Pakistan, 1973 Section 26 of General Clauses Act Section II of C.P.C MEANING OF DOUBLE JEOPARDY: ACCORDING TO OXFORD DICTIONARY OF LAW: A defence to a prosecution for a crime, raising the claim that the accusedis being placed on trial for a second time for the same offence MEANING OF CONVICTION & ACQUITTAL: Meaning of Conviction: Conviction means conviction for a criminal offence, i.e, an offence which may be punishable with fine or deprivation of liberty Meaning of Acquittal: Acquittal means verdict of the jury or final judgment of the Court that the prisoner go there of without day RULE OF DOUBLE JEOPARDY UNDER SECTION 403 CR.P. Section 403 Cr.P.C, contemplates a situation where a person has once been tried by a court of competent jurisdiction and acquitted or convicted by such. Cannot be tried again for the sa offence nor for any other offence based on similar facts. BASIS OF SECTION 403 CR.P.C.: Section 403 Cr.P.C is based on the ancient maxim "NEMO DEBTS BIS VEXARI PROEADEM CAUSA" (No Person should be twice disturbed for the same cause) ESSENTIALS TO ATTRACT SECTION 403: Before section 403 can be invoked the following conditions have to be satisfied (PREVIOUSLY INSTITUTED TRIAL: It is necessary for the application of sec 403 that there must be previously instituted trial apart the one in question. It means that the proceedings must have commenced in the Court against the person in question i. e.. against whom the Court has taken cognizance of the offence and issued process.(il) SAMENESS OF OFFENCES IN BOTH TRIALS: The offences and the set of facts relating to the offences must or the same be same in both trials same offences means the sameactoromissionmadepunishable under the same provision of law. Gi)Offences for which different charge might be framed or convicted: The protection contained in sub-section (I) of section 403 extends to an offence. for which a different charge might have been made on the same facts at a previous trial u/sec 23 Cr.P.C and also in respect of an offence for which he might have been cornvicted at the previous trial u/sec 237 CrP.C, CII) PREVIOUS TRIAL HELD BY COURT OF COMPETEN JURISDICTION: A Court of competent jurisdiction is a Court which has legal authority under the law of the land, to determine the case on merite which is brought before it The bar of fresh trial u/sec 403 will apply orly where the previous conviction or acquittal has been by a Court of competent jurisdiction CIV)PREVIOUSTRIAL ENDSAT ACQUITTAL OR CONVICTION To attract section 403, it is necessary that previous trial must ends either order of conviction or acquittal. (V) CONVICTION OR ACQUITTAL MUST BE IN FORCE: The bar of fresh trial applies only where the previous conviction or acquittal is in force, VIOLATION OF TWO LAWS: Accused violating two laws for same offence cannot be tried twice Second trial after conviction under one Act is forbidden by Article 13 of the constitution and sec: 26 of General Clauses Act and sec 403 of Cr P.C (2000 P.Cr LJ 204) CASES WHERE SECOND TRIAL IS NOT BARRED: Second trial may be instituted against the accused in following cases Exomples: i, A is tried for causing grievous hurt to B and convicted B afterwards dies A may be tried again for culpable homicideiiAischarged by Magistrate of Second class with and convicted by him of theft of property from a person of B,A may be subsequently charged with and tried for robbery on the same facts EXCEPTION TO SECTION 403: i, Several offences ii, Departmental inguires iii, Seperate offence iv, Incompetency of court to try offence v. Continuing offence vi, Offences punishable under different laws Conclusion: To conclude that it is the golden principle of law that no one should be punished twice for the offence has already been punished or acquitted because this would lead to unnecessary interruptions or delay and needless litigation will continue for a long time. Section 403 is exhaustive on the subject of the effect of previous conviction or acquittals. The scope of section 403 is restricted to criminalproceedings and not to civil proceedings and departmental inguines