Section 300 in The Code Of Criminal Procedure, 1973. 300. Person once convicted or acquitted not to be tried for same offence. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.

How do I prove a past conviction?

(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the …

What is double jeopardy in CrPC?

Section 300 of CrPC, 1973 also defines on the concept of Double Jeopardy. In its general sense, Double Jeopardy is defined as that no person shall be convicted for one offence more than once.

What is discharge under CrPC?

Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the evidence given before the Court is not sufficient to satisfy the offence and in the absence of any prima facie case against him, he is entitled to be discharged.

What is autrefois convict?

Legal Definition of autrefois convict : a defendant’s plea stating that he or she has already been tried for and convicted of the same offense.

What is consent and how consent discharges a person from criminal liability?

The mere defence of consent may be used to acquit a murderer on the ground that he carried out the act in good faith. Section 87 states that consent when given by a person above the age of 18 years for all the acts being done against him, will discharge the actor from criminal liability.

What is the purpose of including the fact of previous conviction in the charges?

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such 5 Page 6 previous conviction for the purpose of affecting the punishment which …

What is previous conviction?

previous conviction, or the mere recording of the fact that previous convictions have been proved against the accused will previous conviction must be set forth in the charge before sentence is passed. Note 1. – A previous conviction. Madhya Pradesh High Court.

Can a person be punished twice for the same offence?

Article 20 (2) of the Constitution mandates that a person cannot be prosecuted or punished twice for the same offence.

Can someone be sentenced twice for the same crime?

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.

Can discharge application be filed before chargesheet?

This application can be filed even before the charges have been set against him if the judge contemplates that there are no sufficient grounds available for implementing the proceedings against the accused.

What does article 300A of the Indian constitution mean?

Article 300A states that – No person shall be deprived of his property save by the authority of law. Therefore, the article protects an individual from interference by the State and dispossess a person of the property unless it is in accordance with the procedure established by law.

What is section 300 of the Code of Criminal Procedure 1973?

Legal Provisions of Section 300 of Code of Criminal Procedure, 1973 (Cr.P.C.), India. Person once convicted or acquitted not to be tried for same offence:

What is the meaning of Section 300 and double jeopardy?

Section 300 and Double Jeopardy under Article 20 (2) of the Constitution: Section 300 CrPC and Article 200 (2) of the Constitution embody the well known principle of criminal jurisprudence that “no one should be put in peril twice for the same offence”.

Is issue estoppel a sufficient ground under Section 300 CrPC?

In fact, the principle of issue estoppel is not a sufficient ground which can bar a subsequent trial under Section 300 CrPC. It was in the case of Pritam Singh v. State of Punjab, that certain observations were made by the Supreme Court relying upon the Privy Council’s decision in Samashivan v.