Possibility of repeated prosecution for the same offence.

Placing someone on trial a second time for an offence for which he/she has been previously acquitted, even when new incriminating evidence has been unearthed. This is specifically prohibited by the Fifth Amendment to the U.S. Constitution, which states: "…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…" However, in rare instances a person may be tried for a different crime based on some of the same facts which were used to try him/her when he/she was acquitted.

The Rules against ‘double jeopardy’ is incorporated in Art. 35(2) of the Constitution of Bangladesh. This is based on the principle, Nemo debet bis vexari (no one should be twice vexed). Art. 35(2) provides that “no person shall be prosecuted and punished for the same offence more than once”. Two conditions are necessary for its application. First, a person should be prosecuted. Secondly, he should be punished. The concept was firmly established in s. 403 of the Code of Criminal Procedure.

It is to be seen whether the accused is in jeopardy of being convicted of an offence for which he is tried or sought to be tried at a later trial. [State vs. Gopinath (1977) 29 DLR]

The protection is available only when both the proceedings are criminal proceedings and both the prosecutions are for the same offence. Thus when a person is acquitted or convicted of an offence, disciplinary proceedings for the same facts on which the previous prosecution was based is not barred as the disciplinary proceedings cannot be treated as a prosecution for criminal offence. [Sk. Harunur Rashid v. Secretary, Ministry of Jute, (1997) 49 DLR 596]