In criminal proceedings, the concept of Res Judicata finds its closest application through the principle of double jeopardy, which prohibits a person from being tried twice for the same offense after a lawful acquittal or conviction. While Res Judicata in civil law prevents re-litigation of issues, in criminal law it protects an accused from repetitive prosecutions on identical charges, thereby ensuring fairness and preventing abuse of state power. However, challenges arise in applying it, such as determining whether the subsequent charges truly stem from the same offense or whether they involve distinct acts that warrant a fresh trial. Another difficulty lies in cases where new evidence or aggravated circumstances emerge—courts must balance the rights of the accused with the interest of justice. Additionally, different jurisdictions may interpret “same offense” differently, leading to complexities in cross-border or multi-jurisdictional prosecutions. Despite these challenges, the underlying aim remains the same: to uphold finality, fairness, and protection against harassment in the criminal justice process.
