Autrefoi Acquit and Autrefoi Convict
Autrefoi Acquit and Autrefoi Convict
Autrefoi Acquit and Autrefoi Convict
of the Constitution
Harikrishna V R
1281
Introduction
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Autrefois Acquit and Autrefois Convict are the French terms literally meaning “previously
acquitted” and “previously convicted” respectively. These two terms have their origin in the
common law where they are accepted as the pleas of autrefois acquit and autrefois
convict and these pleas have the effect that the trial cannot go ahead due to the special
circumstances that these two pleas depict. Actually a plea of autrefois acquit means that a
person cannot be tried again for an offence for the reason that he has previously been
acquitted in the same offence and such a plea can be taken or combined with plea of not
guilty. Similarly a plea of autrefois convict means that a person cannot be tried for an
offence for the reason that he has been previously been convicted in an offence and the
same can be combined with the plea of not guilty. However these two terms are jointly
known as Doctrine of Autrefois Acquit and Autrefois Convict. Actually this doctrine in a way
is the rule again double jeopardy. Rule against double jeopardy means that a person
cannot be tried for the same offence once again if he has been either convicted or
acquitted in the trial relating to same offence
Objectives of the Principle of Double Jeopardy:
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The principle of double jeopardy is one of the well known principles of criminal
jurisprudence. The main objectives of providing the protection against double
jeopardy are:
◈ To protect the accused from unnecessary harassment which would be caused to
him while undergoing successive criminal proceedings where only one crime has
been committed. Thus the basic principle is that no man’s life or liberty shall be
twice put in jeopardy for the same set of facts.
◈ The Indian judicial system is already suffering from a heavy backlog. In such a
situation it is important to put an end to litigation once it has reached its logical
conclusion, i.e., acquittal or conviction.
Scope of Article 20(2) of the Constitution:
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Article 20(2) provides that “No person shall be prosecuted and punished for the
same offence more than once.”
The fundamental conditions for the applicability of Art. 20(2) are that:
◈ There must have been a previous prosecution,
◈ The accused must have been punished at such prosecution,
◈ The subsequent proceeding must also be one for the prosecution and
punishment of the accused, and
◈ Proceedings on both the occasions must in relation to the same offence.
1.The person must be accused of an offence.
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The word offence has to be taken in the sense in which it is used in the General
Clauses Act, 1897 as meaning ‘an act or omission made punishable by any law for
the time being in force’.
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