Legal Question in Criminal Law in India
whether a prosecution under section 12 of passports act is maintainable, even after the imposition of fine under section 12 by the passport authority.
Asked on 8/23/09, 9:10 pm
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
imposition of fine by the authority is different from prosecution by the courts. however, without going through the complaint, its not safe to opine.
Answered on 8/24/09, 12:05 am
Shrichand Nahar
S.V.Nahar, Advocate
Section 12 deals with offences and penalties. Offences described in section 12 are punishable with imprisonment or find or both.
If on a set of facts constituting an offence U/s.12, only fine was imposed then on the same of facts, fresh prosecution is not maintainable in view of provisions of Article 20 (2) of the Constitution forbidding double jeopardy.
Answered on 8/24/09, 1:03 am
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