| Legal Principle The Latin maxim Nemo bis punitur pro eodem delicto means that nobody can be punished twice for the same offence. |
| Fact Situation Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the state. |
| Which of the following statements is the most appropriate in relation to the legal principle stated above? |
A) Sajan is right since nobody should be punished for the same offence twice.
B) Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State.
C) Giving a good thrashing to the thief is the best form of punishment to prevent future theft.
D) The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.
Correct Answer: B
Solution :
Sol. In the Fact situation Sajan, a petty thief, is caught and thrashed thoroughly by the people which is not a punishment by the legal authorities. The given Legal Principle says that nobody can be punished twice for the same offence which refers to the legal punishment only. Thus, thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the state.
You need to login to perform this action.
You will be redirected in
3 sec
