Section 300 of CRPC || Autrefois acquit and Autrefois Convict || Double Jeopardy ||

dear students,


This is the right of a person to not be tried for the same offence twice. There are three provisions in Indian law that deal with this. It is based upon the common law principle of ‘nimo bis in idipsum’ which means that no man ought to be punished twice for the same offence.

Autrefois acquit – if a person is charged and subsequently acquitted of the offence, he cannot be put on trial for the same offence again (embodied in S.300, not Art.20(1))

Autrefois convict – if a person is prosecuted and punished for a particular offence, he cannot be put on trial for the same offence again. (embodied in both, Art.20(1) and S.300)

Article 20(2), Constitution of India

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



case law:--
1. Monica Bedi v. State of AP
2. Institute of Chartered Accountants v. Vimal Surana
3. State of Bombay v. S.L.Apte
4. Pritam Singh v. State of Punjab


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