Fundamental Rights: Article 20

  • What is it?: Protection in Respect of Conviction for Offences
    • Article 20: Grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.
    • Three Provision
      • No ex-post-facto law: 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.
        • Subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.
        • Applicable in criminal laws not in civil laws.
        • Not applicable during preventive detention.
      • No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
        • The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal.
      • No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
        • The protection against self-incrimination extends to both oral evidence and documentary evidence.
        • Not extended to 
          1. Compulsory production of material objects.
          2. Compulsion to give thumb impression, specimen signature, blood specimens.
          3. Compulsory exhibition of the body.

 

This entry was posted in General Studies 2, Polity. Bookmark the permalink.