What is Doctrine of Autrefois Acquit and Auterfois Convict?
According to this legal principle, if an individual has been tried and either acquitted or convicted of an offense, they cannot be tried again for the same offense or based on the same set of facts for any other offense. This principle is enshrined in Article 20(2) of the Constitution of India and is also reflected in Section 300 of the Criminal Procedure Code (CrPC). It serves as a preliminary defense that can be raised to bar a criminal trial. Additional instances where the accused may raise preliminary objections include contesting the jurisdiction or competency of the court to try the accused, or arguing that the prosecution is barred by the statute of limitations.
Autrefois Acquit (Formerly Acquitted)
When someone is acquitted, it means they’ve been said to not be guilty by a court. The rule of autrefois acquit says that once someone has been acquitted of a crime, they can’t be tried again for that crime, even if new evidence comes up later. This helps stop people from being put on trial over and over for the same thing.
Autrefois Convict (Formerly Convicted)
Similarly, if someone has been found guilty of a crime and has already been punished for it, they can’t be tried again for that same crime. Once someone has been punished for an offense, the rule of autrefois convict says they can’t be punished for it again. This makes sure people aren’t unfairly punished twice for the same thing.
Doctrine of Autrefois Acquit and Auterfois Convict: Meaning & Importance
The ‘autrefois acquit’ and ‘autrefois convict’ doctrine stops people from being put on trial or punished twice for the same crime. If someone is found not guilty (acquitted) or guilty (convicted) of a crime, they can’t be tried again for that same crime. This rule, called double jeopardy, is important because it stops the government from unfairly bothering or punishing people multiple times for the same thing. It’s a key part of legal systems all over the world, making sure people are treated fairly and justice is done.
Key Takeaways
- Once someone is found guilty of a crime, they can’t be tried again for that same crime. This stops the government from trying to punish people multiple times for the same thing.
- People have the right to stay silent and not say things that could make them look guilty in court.
- These rules make sure trials are fair and everyone is treated the same way.
- Once a trial is over, people can move on with their lives without worrying about being dragged back into court for the same thing.
- While the rules are usually strict, there are times when they don’t apply, like if there were mistakes during the trial or if new evidence shows up.
Table of Content
- What is Doctrine of Autrefois Acquit and Auterfois Convict?
- Importance of Doctrine of Autrefois Acquit and Auterfois Convict
- Accused and Right Against Self-incrimination
- Conclusion
- Doctrine of Autrefois Acquit and Auterfois Convict- FAQs