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Question
Legal Principle: The Latin maxim nemo bis punitur pro eodem delictomeans that nobody can be punished twice for the same offence.
Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Sajan is right since nobody should be punished for the same offence twice.
Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State.
Giving a good thrashing to the thief is the best form of punishment to prevent future theft.
The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.
Solution
Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State.
Explanation:
Nemo bis punitur pro eodem delicto means no person shall be twice punished for the same offense, that ancient right of appeal was gone when the punishment had once been suffered. The protection against the action of the same court in inflicting punishment twice must surely be as necessary, and as clearly within the maxim, as protection from chances or danger of a second punishment on a second trial.
However in the case presented before us thrashing given by people cannot be considered as legal punishment as it was not given by any court exercising its legal power, hence Sajan can be still punished by the court of law, leading it is most appropriate.
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