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What is Article 20 of Indian constitution| Protection in Respect of Conviction for Offences

 

What is Article 20 of Indian constitution

📘 Article 20 of the Indian ConstitutionProtection in Respect of Conviction for Offences


🔹 Overview:

Article 20 gives protection to individuals accused of crimes. It ensures that a person’s legal rights are protected, even if they are under trial or punishment.

This Article cannot be suspended, even during an Emergency.


🧾 Article 20 Has Three Key Clauses:


🔸 Article 20(1): No Ex-Post-Facto Law

No person shall be convicted for an act that was not an offence at the time it was committed, nor given a harsher punishment than what was applicable then.

✅ Example:
If something becomes a crime in 2025, you cannot be punished for doing it in 2024 when it was legal.


🔸 Article 20(2): No Double Jeopardy

No person shall be prosecuted and punished for the same offence more than once.

✅ Example:
If you are punished for a crime, you cannot be tried again for the same crime in the same law.


🔸 Article 20(3): Right Against Self-Incrimination

No person accused of an offence shall be compelled to be a witness against himself.

✅ Example:
The police cannot force you to confess or give self-incriminating evidence.
This is the basis of the right to remain silent.


⚖️ Important Points:

  • Applies only to criminal cases.

  • Applies only to citizens and non-citizens who are accused.

  • Protects after and during trial, not before investigation.


📌 In Simple Words:

Article 20 ensures that:

  • You can’t be punished for an act that wasn’t illegal when you did it (📅 20(1))

  • You won’t be punished twice for the same offence (⚖️ 20(2))

  • You can’t be forced to speak against yourself (🤐 20(3))