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  • 30 October, 2018

  • Constitution of India, Article 20(2)  - Cr.P.C., Section 300  - The whole basis of Section 300 (1) Cr.P.C. is that the person who was tried by a competent court, once acquitted or convicted, cannot be tried for the same offence – First charge sheet filed under Section 13(1)(c)(d)(e) read with Section 13(2) of Prevention of Corruption Act, 1988, Special Court, PC Act discharged the accused/respondent from the charges levelled against him due to lack of proper sanction - Fresh sanction granted by the Governor  - Fresh/supplementary charge sheet along with fresh prosecution sanction against the accused/respondent dismissed by the Special Court holding that there is no provision/scope for review of its own order under Criminal Procedure Code and that it is barred by the principles of “double jeopardy” -  In the case in hand, the respondent/accused has not been tried nor was there a full-fledged trial - On the other hand, the first order of discharge passed by the Special Court was only due to invalidity attached to the prosecution - When the respondent/accused was so discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply. 

    (2018)2 SCeJ 1588 / 

    SUPREME COURT OF INDIA

  •         Constitution of India, Art.  20(3) - Privilege is applicable only to testimonial evidence - Right against self-incrimination is just a prohibition on the use of physical or moral compulsion to extort testimonial evidence from parties, not an exclusion of evidence taken from the body when it may be material and thus, the court can compel a person male or female to submit for DNA test since the gist of the privilege is the restriction on testimonial compulsion. (174) PLR 

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