Understanding Double Jeopardy and Police Officer Duties in Pakistan

Posted on Apr 30, 2024 in Law & Jurisprudence

Understanding Police Officer Duties and Double Jeopardy in Pakistan

Duties of Police Officers in Cognizable Offences

When a police officer receives information about a cognizable offence, they have specific duties to perform:

  1. Recording Information: The officer must write down the information provided, even if it was given orally.
  2. Reading and Signing: The written information should be read to the informant and signed by them.
  3. Entry in Record Book: The information is then entered into a designated record book.
  4. Investigation: The police officer can investigate the cognizable case without a magistrate’s order.

Duties of Police Officers in Non-Cognizable Offences

For non-cognizable offences, the process differs slightly:

  1. Recording Information: Similar to cognizable offences, the information is entered into the record book.
  2. Referral to Magistrate: The informant is referred to a magistrate for further action.
  3. Investigation: Police can only investigate a non-cognizable case with a magistrate’s order.

Explanation of Double Jeopardy

Double jeopardy, as defined in Section 403 of the Criminal Procedure Code, prevents individuals from being tried twice for the same offence. This principle ensures fairness and protects against harassment by the legal system.

Conditions for Double Jeopardy

For double jeopardy to apply, the following conditions must be met:

  1. The individual was tried by a competent court for the same offence.
  2. They were either convicted or acquitted.
  3. The conviction or acquittal remains in force.

Provisions Related to Double Jeopardy

The Criminal Procedure Code outlines specific provisions related to double jeopardy:

  • Prohibition against Trial for Same Offence: An individual cannot be tried again for the same offence if they have already been convicted or acquitted.
  • Prohibition against Trial on Same Facts: An individual cannot be tried for a different offence based on the same facts as a previous trial.
  • Trial for Distinct Offence: If the acts committed constitute multiple distinct offences, an individual can be tried for each offence separately.

Conclusion

The principle of double jeopardy is crucial for upholding justice and preventing individuals from facing undue hardship. By understanding the duties of police officers and the concept of double jeopardy, individuals can better navigate the legal system in Pakistan.