Friday, 3 June 2022

nemo debet bis vexari

 NEMO DEBET BIS VEXARI 


The Latin expression “Nemo Debet Bis Vexari Pro Una Et Eadem Causa” which stands as “no one should be punished twice for the same crime. It incorporates a well-established law that no one should be punished twice for the same crime. In criminal law, this Latin word is known as a law against double jeopardy, i.e. the notion that a person should not be “offended” or punished more than once for any crime brought against him. In civil law, it means that a person should not be charged more than once in the same case.


“Double jeopardy” refers to being protected from prosecution or punishment more than once for the same criminal offense. It prevents the issuance of multiple penalties for the same offense.


Article 20 of the Constitution of India emphasizes protection from double danger: It is a fundamental right guaranteed under Article 20 (2) of the Constitution of India, which states— “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Once. ”It prohibits punishment for“ one crime ”more than once.


However there is an exception where a person is not protected under Section 20 (2)- 


If one act and another person commits two separate offenses, the punishment of one offense will not preclude the punishment of the other.

If a set of similar facts constitutes a case under more than one rule of law, it will not attract the risk of double jeopardy. In such a case, the various prosecutions and punishments against the various crimes will not be precluded.

If there are two separate cases with different ingredients under two different rules, made by the same person, the principle of double risk will not apply.


Case laws


In SA Venkataraman vs Union of India, it was thought that, in order to attract the provisions of Section 20 (2) of the Constitution, there should be both prosecution and punishment in relation to “the same offense”. The words “persecution” and “punishment” should be taken literally, to mean persecution or punishment. Both of these elements must be combined in order for the clause to apply.


In the case of  Maqbool Hussain vs State of Bombay, it was considered a test that the previous case and the present case had the same ingredients in the sense that the facts constitute one were sufficient to justify the conviction of another, not that. The facts on which the prosecutor relies are the same in both cases.



Conclusion 


Nemo debet bes vexari is a latin maxim which establishes a rule that no person shall be booked for the same offence twice , it is an important perspective of justice in india , because otherwise it would be an arbitrary means for the people to be considered a bait for injustice . it is an important mean for the development of legal and social justice. At present, the system also takes into account the interests of the public and the Government. Judgments of the judges must be accepted as valid otherwise if the case is allowed to be filed indefinitely for the same reason it will not be possible for the existing court to deal with the ever-increasing number of cases.


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