Protection in Respect of Conviction for Offences
Category: Fundamental Rights
What is Article 20?
Article 20 provides three important protections in criminal law. First, a person cannot be convicted for an act that was not an offence under the law in force when it was committed, nor given a greater penalty retrospectively. Second, a person cannot be prosecuted and punished more than once for the same offence. Third, an accused person cannot be compelled to be a witness against themselves. These protections help prevent arbitrary criminal punishment and safeguard fairness in criminal proceedings.
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Official Constitutional Text
Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself.
Article 20 Explained in Simple Words
Article 20 provides three important protections in criminal law. First, a person cannot be convicted for an act that was not an offence under the law in force when it was committed, nor given a greater penalty retrospectively. Second, a person cannot be prosecuted and punished more than once for the same offence. Third, an accused person cannot be compelled to be a witness against themselves. These protections help prevent arbitrary criminal punishment and safeguard fairness in criminal proceedings.
Article 20 in Simple Words
Article 20 protects people from retrospective criminal punishment, being punished twice for the same offence, and being forced to testify against themselves.
Article 20 Example
Suppose a person performs an act that is not a criminal offence under the law in force at that time. A later law generally cannot be used to convict that person for the earlier act. Article 20 also protects against prosecution and punishment more than once for the same offence, and against being compelled to testify against oneself.
What is Article 20 of the Indian Constitution?
Article 20 provides protection in respect of conviction for offences. It protects against retrospective criminal punishment, double jeopardy and compelled self-incrimination.
What are the three protections under Article 20?
Article 20 protects against retrospective criminal laws imposing greater punishment, prosecution and punishment more than once for the same offence, and being compelled to testify against oneself.
What is double jeopardy under Article 20?
Article 20(2) states that no person shall be prosecuted and punished for the same offence more than once.
What is protection against self-incrimination?
Article 20(3) states that a person accused of an offence cannot be compelled to be a witness against themselves.
Why is Article 20 important?
Article 20 safeguards individuals against specified forms of unfair criminal punishment and helps protect fairness in criminal proceedings.