Multiple choice

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Fact: Maniyan was prosecuted for an offence of murder and he was acquitted. Thereafter additional evidence came to light pointing to Manjyan's complicity in the same offence. So the police went to prosecute him again. Principles: I. Under Indian Constitution, if a person is convicted of an offence, he cannot be prosecuted again. II. Under Criminal Procedure Code, if a person is prosecuted in an offence and if the prosecution results either in an acquittal or in conviction, then he cannot be the prosecuted for the same offence.

  1. Maniyan cannot be prosecuted as he enjoys the right under our Constitution not to be prosecuted twice for the same offence.

  2. Maniyan cannot be prosecuted as he enjoys the right under Criminal Procedure Code not to be prosecuted twice for the same offence.

  3. Maniyan cannot be prosecuted as he is protected both by the Constitution and Criminal Procedure Code.

  4. None of the above answers is correct
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The principle of double jeopardy under Criminal Procedure Code prevents prosecution for the same offense after acquittal or conviction. Principle I is incorrectly stated - the Constitution protects against double conviction, not prosecution. Principle II correctly states the law that once acquitted or convicted, a person cannot be prosecuted again for the same offense.

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