Article 20 of the Indian Constitution: Protection in respect of conviction for offences.

Article 20 of the Indian Constitution: Protection in respect of conviction for offences.

Article 20 is a provision in Part III of the Indian Constitution. Article 20 is a fundamental right that provides safeguards against arbitrary and retrospective criminal laws. It ensures that individuals are protected from double jeopardy, self-incrimination, and retrospective application of criminal laws. In this comprehensive explanation, we will delve into the details of Article 20, its interpretation, and its significance within the Indian constitutional framework.

 

Let's examine the text of Article 20:

"Article 20(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.

Article 20(2): No person shall be prosecuted and punished for the same offence more than once.

Article 20(3): No person accused of any offence shall be compelled to be a witness against himself."

Article 20(1) establishes the principle of non-retrospectivity in criminal law. It states that no person shall be convicted of any offense except for violation of a law that was in force at the time the act was committed. This provision protects individuals from being punished for actions that were not considered offenses when they were committed. It ensures that laws cannot be applied retroactively to the detriment of an individual.

Furthermore, Article 20(1) ensures that the penalty imposed on an individual cannot be greater than what could have been inflicted under the law in force at the time the offense was committed. This provision prevents the imposition of harsher punishments or penalties retrospectively. It safeguards individuals from being subjected to arbitrary and excessive punishment.

Article 20(2) enshrines the principle of double jeopardy. It states that no person can be prosecuted and punished for the same offense more than once. This provision protects individuals from being subjected to repeated trials and punishments for the same offense. Once a person has been acquitted or convicted and punished for an offense, they cannot be tried again for the same offense.

Double jeopardy safeguards the principle of finality in criminal proceedings and ensures that individuals are protected from the harassment and oppression that could arise from repeated trials. It prevents the State from pursuing multiple prosecutions against an individual for the same offense, thereby ensuring a fair and just legal process.

Article 20(3) guarantees the right against self-incrimination. It states that no person accused of any offense shall be compelled to be a witness against themselves. This provision protects individuals from being forced to provide testimonies or evidence that could incriminate them. It upholds the principle that an accused person has the right to remain silent and cannot be compelled to be a witness against their own interests.

The right against self-incrimination preserves the dignity and autonomy of the individual in criminal proceedings. It prevents coercive or oppressive measures that could force individuals to incriminate themselves. The accused has the right to maintain silence or refuse to answer questions during the investigation or trial.

The interpretation and application of Article 20 by the judiciary have been instrumental in safeguarding the rights of individuals and ensuring a fair and just criminal justice system.

The Supreme Court of India has played a significant role in interpreting and expanding the scope of the protections provided by Article 20. The court has affirmed the fundamental nature of the rights enshrined in Article 20 and has taken a broad and liberal approach in interpreting and applying these provisions.

The court has held that Article 20(1) not only protects individuals from retrospective criminal laws but also safeguards against the retrospective application of procedural laws. It ensures that individuals are not subjected to procedural provisions that were not in force at the time of the commission of the offense.

The court has also clarified that Article 20(2) prohibits double jeopardy not only in the case of multiple trials but also in the case of multiple punishments for the same offense. It ensures that individuals are not subjected to excessive or disproportionate punishment for the same offense.

Regarding Article 20(3), the court has held that the right against self-incrimination is not limited to the actual trial but also extends to the pre-trial stage, including police interrogations. It prevents the use of coercive methods to extract self-incriminating statements from the accused.

The Supreme Court has been vigilant in protecting the rights enshrined in Article 20 and has intervened in cases where these rights were violated. It has emphasized the importance of fair and just legal procedures, the rule of law, and the protection of individual liberties.

Article 20 is crucial in upholding the principles of fairness, justice, and the rule of law in the criminal justice system. It ensures that individuals are protected from arbitrary and retrospective criminal laws, double jeopardy, and self-incrimination. The interpretation and enforcement of Article 20 by the judiciary have been instrumental in safeguarding the rights of individuals and maintaining the integrity of the criminal justice process.

In conclusion, Article 20 of the Indian Constitution provides important safeguards against arbitrary and retrospective criminal laws. It ensures that individuals are protected from double jeopardy, self-incrimination, and the retrospective application of criminal laws. The provisions of Article 20 uphold the principles of fairness, justice, and the rule of law in the criminal justice system. The interpretation and application of Article 20 by the judiciary have been crucial in safeguarding the rights of individuals and maintaining the integrity of the criminal justice process in India.

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