Double jeopardy of two cases under 498A IPC and 125 CRPC on same grounds

[Anonymous]

Two cases have been registered against me under section 498A of IPC and section 125 of CRPC on the same grounds. The facts mentioned in these two cases are broadly speaking similar. Can such to cases be filed on the same grounds? Is it not double jeopardy?

[Dr. Ashok Dhamija]

Please note that the proceedings under section 125 of The Criminal Procedure Code are not relating to an offence. These proceedings are for maintenance to be given to the wife children, parents who are not able to maintain themselves.

Therefore even if the proceedings under section 125 of The Criminal Procedure Code and Section 498-A of the Indian Penal Code are based on same or similar facts, conducting these two types of proceedings together will not amount to double jeopardy, since one of these two types of proceedings is not for an offence.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts