Nemo debet bis vexari pro una et eadem causa

 

1. Meaning of Nemo Debet Bis Vexari

Latin phrase: “Nemo debet bis vexari pro una et eadem causa”.

Translation: “No one should be punished or harassed twice for the same cause.”

Commonly referred to as the principle of Double Jeopardy.

It protects an individual from being tried or punished more than once for the same offence.

2. Legal Basis in India

Article 20(2) of the Indian Constitution provides:

“No person shall be prosecuted and punished for the same offence more than once.”

Section 300 of the Code of Criminal Procedure (CrPC) implicitly supports the principle by avoiding multiple trials for the same offence.

Principle applies to:

Criminal law – protection against double prosecution.

Civil law – prevents re-litigation of a matter already decided (res judicata principle is related).

3. Key Features

FeatureExplanation
Single Trial PrincipleA person cannot be tried twice for the same offence.
Same OffenceApplies only if both trials are for the same offence.
Protection Against HarassmentPrevents legal harassment and abuse of process.
Constitutional SafeguardArticle 20(2) makes it a fundamental right.
Civil AnalogIn civil matters, res judicata prevents repetition of suits on the same cause.

4. Exceptions

Different Charges:

If the second trial is for a different offence, double jeopardy does not apply.

Appeals and Re-trials:

Retrial after appeal or legal error is permissible.

Different Jurisdiction:

Trials in different sovereigns/countries may not be covered (international law may vary).

5. Case Laws in India

1. State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601

Facts: A doctor was tried for alleged medical negligence.

Held:

Once a person is acquitted of an offence, they cannot be tried again for the same cause under Article 20(2).

2. Bachan Singh v. State of Punjab (1980) 2 SCC 684

Relevance: Though primarily about death penalty, reaffirmed that constitutional safeguards in criminal law, including protection against repeated prosecution, must be respected.

3. State of Orissa v. Debendra Nath Padhi (1963) 1 SCR 145

Held: Principle prevents multiple trials for the same offence, ensuring fairness in criminal procedure.

6. Significance

Protects Individual Liberty:

Prevents harassment and repeated prosecution.

Ensures Fair Trial:

Promotes finality in criminal proceedings.

Fundamental Right:

Article 20(2) guarantees this right as part of constitutional protection.

Discourages Abuse of Process:

Courts and state authorities cannot misuse legal machinery to harass the accused repeatedly.

7. Conclusion

Nemo debet bis vexari pro una et eadem causa is a fundamental principle of justice preventing double jeopardy.

Protected under Article 20(2) of the Constitution of India.

Courts have consistently upheld that once a person is tried and acquitted or convicted, they cannot face trial again for the same offence.

Ensures fairness, finality, and protection of individual liberty.

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