Question

Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/autrefois convict

• A. Sec.300
• B. Sec.305
• C. Sec.306
• D. Sec.311

Hint:

Remember the distinction between the constitutional protection in Article 20(2) and the statutory protection in Section 300 CrPC. Section 300 is broader. Article 20(2) only protects against trial and punishment for the same offence twice, whereas Section 300 also includes protection after an acquittal and covers different offences arising from the same facts.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the section in the Code of Criminal Procedure, 1973 (CrPC) that codifies the principle of double jeopardy. The maxims "\textit{autrefois acquit}" (formerly acquitted) and "\textit{autrefois convict}" (formerly convicted) are common law principles that mean a person cannot be tried again for the same offence for which he has already been either acquitted or convicted.
Step 2: Key Formula or Approach:
This fundamental principle of criminal law is detailed in Section 300 of the CrPC.
Section 300(1) states: "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."
Step 3: Detailed Explanation:
Section 300 provides a comprehensive statutory protection against double jeopardy, going even further than Article 20(2) of the Constitution. It bars a second trial not just for the same offence but also for any other offence based on the same facts for which the person could have been tried in the first trial.
- Section 305 deals with the procedure when a corporation is an accused.
- Section 306 deals with the tender of pardon to an accomplice.
- Section 311 gives the court power to summon material witnesses.
Step 4: Final Answer:
The provision is Sec.300.

Answer 2

The question asks which CrPC section reflects the double jeopardy principle of autrefois acquit and autrefois convict. Let's check each provision.

1. Sec.300: This section provides that a person once tried and convicted or acquitted by a competent court cannot be tried again for the same offence, or on the same facts for any other offence that could have been charged or convicted at the earlier trial. This is precisely the double jeopardy protection the maxims describe.
2. Sec.305: This deals with the procedure for a corporation or registered society as an accused, appointing a representative to appear on its behalf; it has nothing to do with a second trial after acquittal or conviction.
3. Sec.306: This concerns the tender of pardon to an accomplice to obtain their evidence against other accused persons; it does not address being tried twice for the same offence.
4. Sec.311: This gives the court a general power to summon or recall any person as a witness if their evidence appears essential to a just decision; it has no bearing on double jeopardy.

Only Section 300 directly bars a subsequent trial for the same offence or the same facts after a prior conviction or acquittal.

Therefore, the correct answer is Sec.300.