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 Constitution — Protection in Respect of Conviction for Offences

When the Indian Constitution came into force on 26 January 1950, one of its most important promises was to protect citizens from arbitrary and unjust criminal prosecutions. Article 20 enshrines three such vital protections — Ex post facto law, Double jeopardy, and Self-incrimination.

It applies only to criminal laws, and to both citizens and non-citizens alike. Importantly, these rights cannot be suspended even during a National Emergency — a sign of how deeply the framers valued personal liberty.

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1. The Historical Context

In colonial India, the British often passed laws that retroactively criminalized acts, punished individuals multiple times for the same act, and extracted confessions under duress. These tactics were a hallmark of oppressive governance — for instance, during the Rowlatt Act era (1919), where preventive detention and unfair trials were rampant.

The Constituent Assembly, under the guidance of Dr. B.R. Ambedkar, was determined to make sure independent India would never replicate such injustices. Thus, Article 20 was crafted to ensure fairness in criminal law.

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2. The Three Protections Under Article 20

(a) No Ex Post Facto Law – Article 20(1)

• Meaning: You cannot be convicted for an act that was not an offence at the time you did it.
• Example: If the government passes a law in 2025 making chewing gum illegal, you cannot be punished for chewing gum in 2024.
• Case Law: Keshavan Madhava Menon v. State of Bombay (1951) — SC held that ex post facto laws cannot operate retrospectively to punish past actions.

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(b) No Double Jeopardy – Article 20(2)

• Meaning: No person shall be prosecuted and punished for the same offence more than once.
• Example: If you were tried and acquitted for theft, you cannot be tried again for the same theft.
• Case Law: Maqbool Hussain v. State of Bombay (1953) — The accused, caught with gold at customs, was punished by customs authorities but later prosecuted in court. SC held this was not double jeopardy because the first punishment was not from a "judicial court".

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(c) No Self-Incrimination – Article 20(3)

• Meaning: No person accused of an offence shall be compelled to be a witness against himself.
• Example: Police cannot force you to confess under threat, nor can they force you to answer questions that may incriminate you.
• Case Law: Nandini Satpathy v. P.L. Dani (1978) — SC held that the right against self-incrimination extends to the stage of police interrogation.

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3. Landmark Judgments That Shaped Article 20

1.   Keshavan Madhava Menon (1951) – Clarified the scope of ex post facto laws.

2.   Maqbool Hussain (1953) – Defined the meaning of “prosecution and punishment” for double jeopardy.

3.   Nandini Satpathy (1978) – Expanded protection against self-incrimination.

4.   Selvi v. State of Karnataka (2010) – Narco-analysis, polygraph, and brain mapping without consent violate Article 20(3).

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4. Why Article 20 Still Matters Today

In an age of digital surveillance and expanded criminal laws, Article 20 remains a shield against:

• Retroactive criminalization of online speech.
• Repeated prosecutions under overlapping cybercrime laws.
• Forced extraction of biometric or testimonial evidence.

Even during turbulent political times, these protections cannot be suspended — making Article 20 one of the most powerful safeguards in the Constitution.

 

 

MCQs on Article 20 – Protection in Respect of Conviction for Offences

1. Article 20 of the Indian Constitution deals with:
A. Freedom of speech
B. Protection in respect of conviction for offences
C. Right to education
D. Equality before law
Answer: B. Protection in respect of conviction for offences

2. How many protections are provided under Article 20?
A. 2
B. 3
C. 4
D. 5
Answer: B. 3

3. Which of the following is not included under Article 20?
A. No ex post facto law
B. No double jeopardy
C. No self-incrimination
D. Right to bail
Answer: D. Right to bail

4. “No ex post facto law” means:
A. Law applies retrospectively in all cases
B. Law applies only prospectively in criminal cases
C. Law applies retrospectively in criminal cases
D. Law applies only to civil cases
Answer: B. Law applies only prospectively in criminal cases

5. Article 20 applies to:
A. Only citizens
B. Only non-citizens
C. Both citizens and non-citizens
D. Only government officials
Answer: C. Both citizens and non-citizens

6. The protection under Article 20 is available in:
A. Civil laws
B. Criminal laws
C. Tax laws
D. Administrative laws
Answer: B. Criminal laws

7. Which case clarified that Article 20(1) applies only to criminal laws?
A. Maqbool Hussain v. State of Bombay
B. Keshavan Madhava Menon v. State of Bombay
C. Nandini Satpathy v. P.L. Dani
D. Selvi v. State of Karnataka
Answer: B. Keshavan Madhava Menon v. State of Bombay

8. The principle of “No double jeopardy” is based on the maxim:
A. Nemo debet bis vexari
B. Audi alteram partem
C. Ignorantia juris non excusat
D. Res ipsa loquitur
Answer: A. Nemo debet bis vexari

9. In which case did SC hold that customs penalty is not double jeopardy?
A. Keshavan Madhava Menon
B. Maqbool Hussain
C. Selvi
D. Maneka Gandhi
Answer: B. Maqbool Hussain

10. “No person accused shall be compelled to be a witness against himself” refers to:
A. Article 19(1)(a)
B. Article 20(3)
C. Article 21
D. Article 22(1)
Answer: B. Article 20(3)

11. Which of the following is not considered self-incrimination?
A. Forcing confession
B. Providing handwriting samples
C. Forced answers under threat
D. Extracting confession by police
Answer: B. Providing handwriting samples

12. The case where SC ruled handwriting/fingerprint samples are outside self-incrimination:
A. Maqbool Hussain
B. State of Bombay v. Kathi Kalu Oghad
C. Nandini Satpathy
D. Selvi
Answer: B. State of Bombay v. Kathi Kalu Oghad

13. Narco-analysis without consent violates Article 20(3) – held in:
A. Maqbool Hussain
B. Keshavan Madhava Menon
C. Selvi v. State of Karnataka
D. A.K. Gopalan
Answer: C. Selvi v. State of Karnataka

14. Article 20 protections can be suspended during Emergency?
A. Yes
B. No
C. Only double jeopardy can be suspended
D. Only ex post facto can be suspended
Answer: B. No

15. Which Part of the Constitution contains Article 20?
A. Part II
B. Part III
C. Part IV
D. Part IVA
Answer: B. Part III

16. Article 20(1) ensures:
A. No retrospective taxation
B. No retrospective criminal liability
C. No preventive detention
D. No capital punishment
Answer: B. No retrospective criminal liability

17. The right against double jeopardy is available:
A. Only after acquittal
B. Only after conviction
C. After acquittal or conviction in judicial trial
D. In all administrative penalties
Answer: C. After acquittal or conviction in judicial trial

18. The right against self-incrimination is available to:
A. Any person
B. Accused persons only
C. Witnesses
D. Public servants
Answer: B. Accused persons only

19. Which case extended self-incrimination protection to police interrogation?
A. Selvi
B. Nandini Satpathy v. P.L. Dani
C. Maqbool Hussain
D. Menaka Gandhi
Answer: B. Nandini Satpathy v. P.L. Dani

20. Ex post facto law is prohibited in:
A. Civil law
B. Tax law
C. Criminal law
D. All laws
Answer: C. Criminal law

21. Which Latin maxim means “No crime without law”?
A. Nemo debet bis vexari
B. Nullum crimen sine lege
C. Fiat justitia ruat caelum
D. Lex posterior derogat priori
Answer: B. Nullum crimen sine lege

22. Physical evidence like DNA samples is:
A. Protected under self-incrimination
B. Not protected under self-incrimination
C. Protected under Article 19
D. Prohibited by Article 22
Answer: B. Not protected under self-incrimination

23. Article 20 came into force on:
A. 26 November 1949
B. 26 January 1950
C. 15 August 1947
D. 1 January 1951
Answer: B. 26 January 1950

24. Who can legislate retrospective criminal laws?
A. Parliament only
B. State legislature only
C. No one
D. Both Parliament and State legislatures
Answer: C. No one

25. Which is an example of an ex post facto criminal law?
A. Increasing income tax from last year
B. Criminalizing an act committed last year
C. Introducing GST
D. Increasing road toll fees
Answer: B. Criminalizing an act committed last year

26. The double jeopardy clause in India is:
A. Wider than US law
B. Narrower than US law
C. Same as US law
D. Not related to US law
Answer: B. Narrower than US law

27. Which article deals with preventive detention safeguards?
A. Article 19
B. Article 20
C. Article 21
D. Article 22
Answer: D. Article 22

28. “Prosecuted and punished” under Article 20 means:
A. Any action by police
B. Judicial proceedings only
C. Administrative proceedings
D. Preventive detention
Answer: B. Judicial proceedings only

29. Which case dealt with customs seizure & double jeopardy?
A. Selvi
B. Keshavan Madhava Menon
C. Maqbool Hussain
D. Nandini Satpathy
Answer: C. Maqbool Hussain

30. The right under Article 20 is:
A. Enforceable fundamental right
B. Directive principle
C. Non-justiciable right
D. Moral duty
Answer: A. Enforceable fundamental right

31. The writ most relevant to enforce Article 20 rights is:
A. Mandamus
B. Habeas corpus
C. Certiorari
D. Quo warranto
Answer: B. Habeas corpus

32. Which body is the guardian of Article 20?
A. Parliament
B. High Courts
C. Supreme Court
D. Both High Courts and Supreme Court
Answer: D. Both High Courts and Supreme Court

33. In which year did SC strike down narco-analysis without consent?
A. 2008
B. 2010
C. 2012
D. 2014
Answer: B. 2010

34. Which Article ensures fairness in evidence gathering?
A. Article 19
B. Article 20(1)
C. Article 20(3)
D. Article 21
Answer: C. Article 20(3)

35. Is voluntary confession considered self-incrimination?
A. Yes
B. No
C. Only if in writing
D. Only if to police
Answer: B. No

36. Article 20 is inspired from which constitution?
A. USA
B. UK
C. Canada
D. France
Answer: A. USA

37. Which feature makes Article 20 unique during Emergency?
A. Can be suspended by President
B. Cannot be suspended at all
C. Suspended only by Parliament
D. Suspended only in war
Answer: B. Cannot be suspended at all

38. A person accused of theft and acquitted can:
A. Be tried again for same theft
B. Not be tried again for same theft
C. Be fined again
D. Be arrested again for same theft
Answer: B. Not be tried again for same theft

39. “Accused of an offence” means:
A. Any suspect
B. Person formally charged in criminal case
C. Any person in police custody
D. Only convicted persons
Answer: B. Person formally charged in criminal case

40. Which Article prohibits retrospective taxation?
A. Article 20
B. Article 265
C. Article 21
D. Article 22
Answer: B. Article 265

41. Who can invoke protections of Article 20?
A. Only accused in criminal cases
B. Any person in India
C. Any person globally
D. Only citizens of India
Answer: A. Only accused in criminal cases

42. Polygraph test without consent is:
A. Permissible
B. Not permissible
C. Permissible only with court order
D. Permissible during Emergency
Answer: B. Not permissible

43. Which clause of Article 20 is most used in criminal trials?
A. 20(1)
B. 20(2)
C. 20(3)
D. All equally
Answer: C. 20(3)

44. Which offence can be prosecuted twice?
A. Same offence with same facts
B. Same offence but different facts
C. Different offence from same act
D. None of these
Answer: C. Different offence from same act

45. Article 20 is a protection against:
A. Arbitrary taxation
B. Arbitrary criminal laws
C. Preventive detention
D. Political speech restrictions
Answer: B. Arbitrary criminal laws

46. Which judgment clarified voluntary statements not covered under self-incrimination?
A. Selvi
B. Kathi Kalu Oghad
C. Nandini Satpathy
D. Maqbool Hussain
Answer: B. Kathi Kalu Oghad

47. Which Article is closely linked with Article 20 in criminal law?
A. Article 14
B. Article 21
C. Article 19
D. Article 23
Answer: B. Article 21

48. A new law increases punishment for an offence retrospectively. Is it valid?
A. Yes
B. No
C. Yes, with Parliament approval
D. Yes, during Emergency
Answer: B. No

49. Right under Article 20 is available:
A. Only at trial stage
B. During investigation and trial
C. Only after conviction
D. Only before FIR
Answer: B. During investigation and trial

50. The main objective of Article 20 is to:
A. Protect Parliament’s power
B. Protect accused from unfair treatment
C. Ensure speedy trial
D. Protect witnesses
Answer: B. Protect accused from unfair treatment