The fundamental rights described in the constitution of the Islamic Republic of Pakistan (1973) as well as The Indian Constitution postulates the concept of double jeopardy. A well-known maxim "autrefois convict" prohibits any person, who has been convicted of a crime in the competent court, from being retried for the same offense or cause. Moreover, "autrefois acquit" prevents a person who has been acquitted by a court from being tried again for the same offense. These provisions safeguard the constitutional rights of the individuals. Specifically, in respect of the General Clause Act 1897, section 26, which addresses the concept of double jeopardy, stating that no individual or person can be punished or prosecuted again for the same cause. This act applies to both Pakistan and India, highlighting their similarity in this respect.

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1. Legal Intern/Trainee District & Sessions Court Peshawar, KP, Pakistan.

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