Constitutional Safeguards and the Doctrine of Double Jeopardy: A Bharatiya Nyaya Sanhita Perspective

The theory of the double jeopardy is one of the foundations of criminal jurisprudence as it provides the assurance that an individual cannot be prosecuted or punished more than once on the same crime. This doctrine is an imperative constitutional guarantee in defense of the right to life and personal liberty against arbitrary state attack. This doctrine is enshrined in Article 20(2) of the Constitution of India which demonstrates the desire of the Indian nation to undertake fair and just legal procedures. Studying the new criminal code, Bhartiya Nyaya Sanhita (BNS), 2023, recommended recently posed a need to reconsider existing protections, the concept of the double jeopardy being one of them. The connection between the constitutional protection against the double jeopardy and its application within the context of the Indian Constitution is considered in this paper as well as how the BNS incorporates these protections and, in some way, alters them. The paper also takes into account the international law provisions like International Covenant on Civil and Political Rights (ICCPR), where the paper points out that India has followed the international provisions as far as human rights are concerned towards not trying an individual twice. Influential judicial statements of the Supreme Court of India help to understand the limits and areas of this doctrine and weave the nuances of jurisprudence which helps to consider how to apply the persistent legal provisions which are varying. These guidelines are designed to protect individual rights in an effective manner and allow the criminal justice system to be fair and effective in the modern India.