The 'Dichotomy of Double Jeopardy' Conundrum
constitutional du_llb advanced concept_confusionBhai, I'm seriously stumped by Article 20(2) of the Indian Constitution. I mean, what's the deal with double jeopardy? On one hand, it's like the Supreme Court said in Kishan Singh v. State of Punjab (1950) - 'double jeopardy' is a fundamental right, and you can't be tried again in a court of law for the same offence. But then you have Sections 299 and 300 of the IPC, where murder is defined as an act with 'death' as a consequence, and culpable homicide not amounting to murder is defined as an act with 'death' as a consequence without the intention of causing death. It's like, can the accused be tried again for the same offence, but in a different court or under a different law?
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