Correct option is B
The legal maxim "Nemo debet bis vexari pro eadem causa" translates to "no person should be vexed (tried) twice for the same cause." This principle is enshrined in Section 300 of the Code of Criminal Procedure (Cr.P.C.), 1973. Section 300 provides protection against double jeopardy, meaning that a person who has been either acquitted or convicted of an offense cannot be tried again for the same offense based on the same facts.
Information Booster:
Section 300, Cr.P.C. (Person once convicted or acquitted not to be tried for the same offense): Section 300 of the Cr.P.C. embodies the principle of
double jeopardy, which is also found in
Article 20(2) of the Constitution of India. It ensures that no person is tried for the same offense more than once if they have been acquitted or convicted by a competent court. This section emphasizes legal finality and prevents harassment through repeated prosecutions.
The provision applies if the previous trial was conducted by a competent court and resulted in either an acquittal or conviction. However, there are exceptions to this rule if the previous trial was conducted in a foreign court or if the offense under question is distinct, even if arising from the same facts.
Additional Knowledge:
1.
Section 299, Cr.P.C.: This section deals with recording the evidence of witnesses who cannot be found during the trial. It is unrelated to the principle of double jeopardy.
2.
Section 301, Cr.P.C.: This section provides the procedure for the public prosecutor to conduct the prosecution and gives private parties the right to assist the prosecution but does not deal with double jeopardy.
3.
Article 20(2) of the Indian Constitution: This constitutional provision enshrines the principle of
double jeopardy by stating that no person shall be prosecuted and punished for the same offense more than once. This mirrors the legal protection offered by Section 300 of the Cr.P.C.
