Compare Article 20 of Constitution of India and Section 300 of Cr.P.C.

Forums The Code of Criminal Procedure, 1973 Compare Article 20 of Constitution of India and Section 300 of Cr.P.C.

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  • #4375
    priyanka_gambhir
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      Under the Code, section 300 talks about the Person once convicted or acquitted not to be tried for the same offence.
      and Article 20 of the Constitution of India deals with the Protection in respect of conviction for offences.
      in the light of these provisions, compare Article 20 of the Constitution Of India and Section 300 of the CrPC.

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      • #4376
        priyanka_gambhir
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          comparison:
          1. Article 20(2) does not talk about the principle of the autrefois acquit whereas section 300 of CrPC deals with this principle.
          2. Article 20(2) is used in a narrower sense since it leaves a doubt in our minds that whether a person can be prosecuted for the same offense on different facts or not. on the other hand, section 300 of the code clearly states that no person shall be punished twice for the same offense or on the same facts.

          although both the provisions deal with the principle of autrefois convict which means that no person shall be punished twice for the same offense.

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