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  • Res Judicata says that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and subsantially in issue in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, in a competent court to try such subsequent suit or the suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court. Estoppel says that when one person has, by his declaration, act or omission intentionally caused or permitted another to believe a thing to be true and act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
  • Res Judicata is defined in Section 11 of the Code of Civil Procedure. Estoppel is defined in Section 115 of the Indian Evidence Act.
  • Res Judicata is based on the principle that there must be an end to a litigation. Thus it prevents multiplicity of suits.Estoppel seeks to prevent multiplicity of representation.
  • Res Judicata is a procedural rule to be followed mandatorily. Estoppel prevents multiplicity of representation. It is a rule of evidence.
  • ResJudicata denies jurisdiction of the Courts to try the matter again. Estoppel denies the party any right to make modified representation.

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  1. (a) Is the Principle of Res Judicata applicable for Criminal Proceedings also?
    (b) If yes, then will the registration of case under section 306 IPC against Mr. SPS Rathore, be barred by Res-Judicata, in view of the fact that Hon'ble the Supreme Court has held it to be in-applicable?

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  2. hi ajoyipsbhr85, there is a principle in criminal law similar to resjudicata in civil law. it is called autrefois convict and autrefois acquit. if a person has been convicted or acquitted by a competent court after trial he cannot be afterwards be tried for the same offence. if a different offence is the consequence then he can be tried for the same. for eg:if a woman is raped and the accused is charged for the offence and tried by a competent court, he can afterwards be tried for abetment of suicide if the victim commits suicide due to mental agony or the like.

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