All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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35.

Which provision under the Code provides the indication as to the rule against double jeopardy?

A: S.300
B: S.305
C: S.309
D: S.311

The answer is: A

Explanation

The correct option is A: S.300.

This is the provision under the Code of Criminal Procedure, 1973 that provides the indication as to the rule against double jeopardy. According to this section, a person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof. This section is based on the principle of res judicata, which means that a matter once decided by a competent court cannot be reopened.

The other options are incorrect because they are not related to the issue of double jeopardy. Option B is wrong because Section 305 deals with the procedure and powers of a Special Judge appointed under the Prevention of Corruption Act, 1988. Option C is wrong because Section 309 deals with the power of a court to postpone or adjourn proceedings. Option D is wrong because Section 311 deals with the power of a court to summon material witnesses or examine persons present.