Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Double jeopardy : No person shall be prosecuted and punished for the same offence more than once.
Facts : Arun was a Government Employee working in the examination and admissions department of Indian Institute of Science and Technology (IIST), the best engineering college in India. Arun was accused of having leaked the entrance examination paper to Kamlesh for a hefty bribe. Disciplinary proceedings were initiated against Kamlesh by IIST wherein he was found guilty and as a penalty, he was removed from employment. Thereafter, a criminal case was registered against him for having committed the offence of cheating by leaking the entrance paper. Arun takes the defence that the criminal prosecution is not permitted by the principle of double jeopardy. Decide.

• A. The principle of double jeopardy will not apply as the disciplinary proceedings by IIST cannot be termed as prosecution since they were mere departmental proceedings and not criminal prosecution
• B. The principle of double jeopardy will apply as Arun has already been found guilty and punished by IIST
• C. The principle of double jeopardy will not apply as Arun is accused of a serious offence of cheating the public at large
• D. Both (a) and (c)

Answer 1

Answer: (A)

The principle of double jeopardy will not apply as the disciplinary proceedings by IIST cannot be termed as prosecution since they were mere departmental proceedings and not criminal prosecution

Answer 2

The correct option is (A) : The principle of double jeopardy will not apply as the disciplinary proceedings by IIST cannot be termed as prosecution since they were mere departmental proceedings and not criminal prosecution.