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Question no. 53052

Which statutory provision embodies the legal protection against double jeopardy?

Select your answer for: Which statutory provision embodies the legal protection against double jeopardy?
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Answer: B. Section 403, Cr.P.C

Explanation

Section 403 of the Criminal Procedure Code embodies the fundamental legal protection against double jeopardy. This provision ensures that individuals are not prosecuted or punished twice for the same offense. Courts apply this statutory rule to protect defendants from vexatious and repetitive criminal trials. Double jeopardy is a constitutional and statutory principle protecting individuals from multiple criminal proceedings. The Criminal Procedure Code outlines procedural safeguards for accused persons during criminal investigations and trials. Once a person is acquitted or convicted, subsequent prosecutions for the exact same conduct are barred.

This protection maintains fairness within the criminal justice system by preventing state overreach. Defense attorneys frequently raise this section to dismiss redundant charges filed against their clients. Legal systems globally recognize this doctrine as a cornerstone of human rights and due process. Section 402 and Section 404 govern different procedural aspects of criminal trials and appeals. These adjacent sections address separate administrative functions rather than the double jeopardy bar. Selecting none of the above ignores the explicit statutory placement of the double jeopardy rule.

Subject
Law
Topic
—
Difficulty
medium

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