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Double Jeopardy (Constitutional Scope - Article 20(2))

Constitutional & Public Law Doctrines

Definition

The constitutional guarantee that no person shall be prosecuted and punished for the same criminal offence more than once before a court of law or judicial tribunal.

Example

In Maqbool Hussain v. State of Bombay, the Supreme Court held that administrative confiscation of undeclared gold by customs authorities under the Sea Customs Act was not a "prosecution and punishment by a court," allowing subsequent criminal prosecution under the Foreign Exchange Regulation Act.