What is Article 20 of Indian constitution |
📘 Article 20 of the Indian Constitution – Protection 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))
Follow Us