Article 20(2) in The
Constitution Of India 1949
“(2)
No person shall be prosecuted and punished for the same offence more than
once.”
Section 300(1) of the
Cr.P.C
says that a person once convicted or acquitted is not to be tried for same
offence. It reads as follows:
"300.
Person once convicted or acquitted not to be tried for same offence.- (1) A
person who has once been tried by a Court of competent jurisdiction for an
offence and convicted or acquitted of such offence shall, while such conviction
or acquittal remains in force, not be 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 made under sub-section (1)
of section 221, or for which
he might have been convicted under sub-section (2) thereof."
Section 26 of
the General Clauses Act, 1897
"26.
Provision as to offences punishable under two or more enactments.- Where an act
or omission constitutes and offence under two or more enactments, then the
offender shall be liable to be prosecuted and punished under either or any of
those enactments, but shall not be liable to be punished twice for the same
offence."
Section 71 of Indian Penal Code
"71. Limit of punishment of offence made
up of several offences- Where anything which is an offence is made up of
parts, any of which parts is itself an offence, the offender shall not be
punished with the punishment of more than one of such of is offences, unless it
be so expressly provided."