Double Jeopardy vs Double Punishment: A Constitutional Conundrum

constitutional general beginner trick_question

Abey bhai, this question has a trap, so beware. The question is simple: under Article 20(2) of the Indian Constitution, whether a person can be convicted of an offense under a new law that has increased the punishment after the accused has been initially charged under the old law. Most of you guys will say no, citing the double jeopardy clause, but hold on. Here's the twist: the new law is not punitive but reparative. For example, the old law had a punishment of 7 years for a crime, but the new law increases the punishment to 10 years and also has a provision for compensation to the victim. The key is to understand the distinction between punishment and reparative justice. If you don't get this, you'll be stuck in a paradox. So, think carefully, abey.

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