Actual Article
Article 20 of the Indian Constitution provides protection in respect of conviction for offenses. It is a critical part of the fundamental rights aimed at protecting individuals from arbitrary and oppressive actions by the State in criminal law. Article 20 has three main clauses:
- Clause (1): No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense, 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 offense.
- Clause (2): No person shall be prosecuted and punished for the same offense more than once (principle of double jeopardy).
- Clause (3): No person accused of any offense shall be compelled to be a witness against himself (protection against self-incrimination).
UPSC Notes for Article 20
- Objective: To protect individuals from retrospective criminal laws, multiple prosecutions for the same offense, and self-incrimination.
- Key Provisions:
- Protection Against Ex Post Facto Laws (Clause 1): Ensures that individuals are not punished under retrospective laws.
- Protection Against Double Jeopardy (Clause 2): Prevents individuals from being tried and punished more than once for the same offense.
- Protection Against Self-Incrimination (Clause 3): Safeguards individuals from being forced to testify against themselves.
- Significance: Upholds the principles of justice and fairness in the criminal justice system, ensuring that individuals are treated with dignity and their rights are protected during criminal proceedings.
Important Cases and Commissions Related to Article 20
- Kartar Singh vs. State of Punjab (1994): The Supreme Court discussed the principles enshrined in Article 20 while dealing with anti-terrorism laws.
- Nandini Satpathy vs. P.L. Dani (1978): The Supreme Court expanded the scope of protection against self-incrimination to include the right to silence during interrogation.
- Maneka Gandhi vs. Union of India (1978): Although primarily a case on Article 21, it reiterated the interconnection of fundamental rights, emphasizing the due process in criminal proceedings.
Important Reports Related to Article 20
- Law Commission of India Reports: Several reports, including those on the Indian Penal Code and the Criminal Procedure Code, have examined the implications of Article 20 and recommended reforms to ensure the rights of accused persons are protected.
- National Police Commission Reports (1979-1981): Addressed issues related to the treatment of accused persons and the need for reforms to protect fundamental rights, including those under Article 20.
Previous Year Prelims Questions Related to Article 20
- Prelims 2020:
- Which one of the following statements correctly describes the meaning of legal term ‘Double Jeopardy’ as provided in the Indian Constitution?
- (a) Punishment cannot be disproportionately harsh
- (b) A person cannot be punished for the same offense more than once
- (c) Right to legal representation during a trial
- (d) No retrospective effect to criminal laws
- Answer: (b) A person cannot be punished for the same offense more than once
- Prelims 2017:
- Which of the following fundamental rights is/are guaranteed under Article 20 of the Indian Constitution?
- Protection against ex post facto laws
- Protection against double jeopardy
- Protection against self-incrimination
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2, and 3
- Answer: (d) 1, 2, and 3
Previous Year Mains Questions Related to Article 20
- Mains 2016:
- Discuss the constitutional safeguards available to a person under trial in the Indian judicial system. How does Article 20 protect an individual from arbitrary state actions?
- Mains 2014:
- Examine the significance of Article 20 of the Indian Constitution in protecting the rights of the accused. How has the judiciary interpreted these protections over time?
Article 20 is essential for maintaining the rule of law and ensuring justice in the Indian criminal justice system. It provides robust protections to individuals against retrospective legislation, double jeopardy, and self-incrimination, reflecting the Constitution’s commitment to fair legal processes and human dignity. Understanding these provisions and their judicial interpretations is vital for UPSC aspirants preparing for both prelims and mains examinations.