Autrefois Acquit
1. Meaning of Autrefois Acquit
Autrefois Acquit is a defense available in criminal law which means “already acquitted”.
The term is derived from French, where “Autrefois” = previously and “Acquit” = acquitted.
It is a plea by which the accused claims that he has already been tried and acquitted for the same offence.
If the plea is accepted, the accused cannot be tried again for the same offence.
This concept is based on the legal principle of “Double Jeopardy”, which prevents a person from being tried twice for the same offence.
2. Legal Basis in India
Section 300 of the Code of Criminal Procedure (CrPC), 1973 indirectly reflects this principle through prohibition of double trial for the same offence.
Additionally, Article 20(2) of the Constitution of India provides:
“No person shall be prosecuted and punished for the same offence more than once.”
Key Elements of the Defence:
Same offence: The accused must have been acquitted previously for the exact same offence.
Final judgment: The acquittal must be by a competent court and should be final.
Same person: Only the same person cannot be retried.
Jurisdiction: The previous acquittal must be in a court of competent jurisdiction.
3. Distinction from Autrefois Convict
Autrefois Acquit: Plea of previous acquittal.
Autrefois Convict: Plea of previous conviction for the same offence.
Both are part of the double jeopardy protection.
4. Conditions for Applying Autrefois Acquit
The previous trial must have ended in an acquittal.
The acquittal must have been for the same offence and under the same law.
The plea must be raised before trial; it is a bar to prosecution.
Subsequent prosecution for a different offence arising from the same facts may be allowed if legally distinct.
5. Case Law Illustrations
Case 1: State of Maharashtra v. Devidas (1968) 3 SCC 777
Facts: Accused was tried and acquitted for murder; the prosecution attempted to try him again for the same incident.
Principle: Supreme Court held that the plea of autrefois acquit is valid if the same person, same offence, same facts are involved.
Significance: Reaffirmed Article 20(2) protection against double jeopardy.
Case 2: S. S. Venkataraman v. State of Tamil Nadu (1973) 2 SCC 109
Facts: Accused claimed he was already acquitted in a previous trial for the same offence.
Principle: Court accepted the plea and barred retrial.
Significance: Highlighted that previous acquittal by competent court is a valid defense.
Case 3: Ratan Lal v. State of Madhya Pradesh, AIR 1970 SC 125
Facts: Accused tried for the same offence after acquittal in earlier trial.
Principle: Court held that subsequent trial amounts to double jeopardy and is invalid.
6. Important Points
Autrefois acquit cannot be claimed for a different offence, even if arising from the same incident.
The plea must be specifically raised; otherwise, it is waived.
The burden of proving previous acquittal lies on the accused.
It is recognized in criminal procedure worldwide under the principle of double jeopardy.
7. Conclusion
Autrefois Acquit is a fundamental legal protection in criminal law to prevent harassment of an individual by repeated trials for the same offence.
Based on Article 20(2) of the Constitution.
Requires same offence, same accused, final acquittal by competent court.
Courts have consistently upheld it as a valid defense against double jeopardy.
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