The 'Dentist's Dilemma' of Double Jeopardy
constitutional clat_ug beginner mcq_debateDheeraj and I were studying for CLAT and we got stuck on this MCQ. Here it is: 'Consider the case of State v. Jahangir Hossain (2014). Which of the following is NOT a correct statement regarding double jeopardy?'
Option A: Once an accused has been acquitted, he cannot be tried again for the same offence. Option B: The protection against double jeopardy is based on Article 20(2) of the Constitution. Option C: Double jeopardy is not applicable if the acquittal is due to lack of jurisdiction.
Dheeraj says A is correct - he says once you're acquitted, you're free. But I think C is correct - I think if the acquittal was due to lack of jurisdiction, the trial can still happen. Who's right?
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