Autrefois acquit

Article 13 of the Constitution, S. 403 of Cr.P.C. and S. 26 of the General Clauses Act, 1897 are based on the ancient maxim of "nemo debet bis vexari pro una et eadem causa" which connotes that "no person should be twice disturbed of the same cause" and common law principle, which the accused can use as a shield in the form of pleas of "autrefois acquit" which means "formerly acquitted" and "autrefois convict" which means "formerly convicted"

Double jeopardy means that no person should be periled twice in respect of the same matter

Reading of the said enactments provisions of law showed that the principles of autrefois acquit and autrefois convict contained in S. 403(1), Cr.P.C., forbid a new trial after a conviction or acquittal on the basis of the same facts

No court, according to S. 403, Cr.P.C., shall try any person who was already tried by a court of competent jurisdiction on the same facts, irrespective of whether he was acquitted or convicted

Section 26 of the General Clauses Act, 1897, provides that where an act or omission which constitutes an offence under two or more different enactments, then the accused shall be liable to be prosecuted under either or any of said enactments, however, the accused shall not be liable to be vexed twice for the same offence

Article 13(a) of the Constitution places an embargo on subsequent prosecution and punishment for the same offence.

Benefit of S.403, Cr.P.C. or provisions of Art.13 of the Constitution when available/not available to accused

Maxim: Autrefois acquit-Criminal trial of four accused-Two acquitted and two convicted-Neither complainant nor State moving appeal against acquittal-High Court, in appeal by convicted accused, setting aside conviction and ordering retrial-Contention that retrial meant reopening case against acquitted accused as well Held not correct.