The Applicability Of The Principles Of Res Judicata In Criminal Proceedings
- IJLLR Journal
- 1 day ago
- 2 min read
Ritika Singh, LL.M., Department of Human Rights, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh
ABSTRACT
The principle of Res Judicata literally means “a matter already judged”. It is the cornerstone of the Indian Civil Justice system, enshrined as per the section 11 of the Code of Civil Procedure,1908. It promotes judicial economy and finality by preventive repetitive litigation over the same issues between the same parties. Traditionally, this principle of Res Judicata was applied strictly to the civil proceedings; however, its conceptual underpinnings have permeated criminal jurisprudence in the form of analogous doctrines such as Double Jeopardy and Issue Estoppel. While section 11 of the Code of Civil Procedure,1908, does not governs criminal proceedings, the Indian Judiciary has recognized the importance of preventing inconsistent findings and repeated prosecution. Article 20(2) of the Constitution of India and Section 300 of the Code of Criminal Procedure,1973, embodies the protection against double jeopardy, ensuring that no individual is prosecuted or punished twice for the same offence. Complementarily, the doctrine of issue estoppels prevents the re-litigation of the issues already adjudicated upon, even within the realm of criminal trials. The Indian Courts , through a series of progressive decisions, have cautiously integrated these principles into criminal law to uphold consistency, prevent judicial contradiction and protect the individuals from vexation of repeated trials. The spirit of Res Judicata (though not directly) is undeniably recognized and respected to ensure fairness and judicial integrity. This paper explores the scope, relevance, and judicial interpretation and will analyse some of the judicial pronouncements to answer whether the Honourable Courts of India apply the principle of Res Judicata in Criminal Proceedings and will conclude by recommending ways to prevent judicial uncertainty in criminal law.
Keywords: Res Judicata, Issue Estoppel, Double Jeopardy, Criminal Jurisprudence, Judicial interpretations.
