8 Principle of Double Jeopardy (Ne Bis In Idem)

The rule: no person shall be prosecuted or punished for the same offence more than once — Constitution, Article 20(6): "No person shall be prosecuted or punished more than once for thesame offence in a court of law." ICCPR Article 14(7) is the treaty counterpart (Nepal a party).The doctrine's anatomy (the four requirements of "same offence" analysis):1. Autrefois acquit / autrefois convict: a second prosecution barred after an earlier acquittal or conviction (the common-law pleas' logic surviving in modern codes);2. The identity test: same facts (same transaction) or same offence-definition? Codes differ — the "same offence" requires, in substance, the same act constituting the same offence (a fresh and distinct act re-opens prosecution);3. A valid final judgment: jeopardy attaches only after a final decision on the merits by a competent court — dismissal on technicality, or withdrawal before judgment, generally does not bar retrial (with appellate-retrial nuances);4. Exceptions to state: a superior court's acquittal-appeal by the State (where law permits — a debated arena); disciplinary vs. criminal proceedings (double jeopardy governs criminal prosecution — departmental action is not a second prosecution, the courts hold, because its purpose differs); civil damages alongside criminal punishment (not "twice punished" in the constitutional sense — see Unit 1's crime/tort/contract distinct systems).