Article 20 of the Indian Constitution provides crucial legal protections for individuals accused of crimes, ensuring fairness in criminal justice. It prohibits retroactive laws, safeguards against double jeopardy, and protects against self-incrimination. These provisions uphold justice and prevent arbitrary punishment.
Article 20
Article 20
- This article provides legal protection for an individual accused of a crime, ensuring that they are not subjected to punishment that is arbitrary and excessive.
- This protection is universal in nature, regardless of whether an individual is citizens of the state, foreigners, or even legal entities such as companies or corporations.
Article 20 (1)
Retroactive Laws are Prohibited or No Ex-Post- Facto Law
- Definition and Scope: An ex-post-facto law retrospectively imposes penalties on past actions.
- However, it is prohibited for criminal laws but not for civil or tax laws
- Example: Imposition of retrospective taxation on Vodafone group.
- Application to Conviction and Not Trial: It applies to conviction, not trial, and doesn’t cover preventive detention or demand of security from a person.
- This article emphasizes that no individual shall be
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- Conviction Limited to Law in Effect at Time of Offense: convicted of any offense except for violation of a law in effect at the time of the commission of the act, nor
- Penalty Restricted to Law in Force at Time of Offense: be subjected to a penalty greater than that defined under the law in force at the time of the commission of the offense.
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Article 20(2)
Protection in respect of conviction for offenses.—No person shall be prosecuted and punished for the same offense more than once.
- Protection Against Double Jeopardy: This article safeguards an individual from double jeopardy (punishing twice), which means once convicted, you cannot be punished or prosecuted again.
- Scope of Protection: This is available only in proceedings conducted before a legal court or a judicial tribunal and not before departmental or administrative authorities as they are not judicial in nature.
| Section 300 of CrPC: It bars the Trial of a person not only for the same offense but also for any other offense on the same facts. |
Article 20(3)
Protection in respect of conviction for offenses — No person accused of any offense shall be compelled to be a witness against himself.
- Protection Against Self-Incrimination: This article provides protection against self-incrimination, meaning that no person can be forced to be a witness against himself, therefore making the right to remain silent a fundamental right.
- This principle is a fundamental part of due process of law.
- Scope of Protection: The protection against self-incrimination covers both oral and documentary evidence.
- Exceptions to Protection: But it does not cover following:
- Compulsory production of material objects
- Compulsion to give thumb impression, blood specimen, specimen signature
- Compulsory exhibition of the body.
- Protection in Proceedings: Moreover, this protection extends only to criminal proceedings and does not cover civil proceedings or proceedings which are not of criminal nature.
| Note: Miranda v/s Arizona 1966 was a landmark case in the American judiciary. It claimed that confession under police custody cannot be considered as evidence in the court of law. Miranda warning or the right to remain silent was a born child of this case. |
Bail, Parole and Furlough
Distinction Between Bail, Parole, and Furlough: All these three are all temporary releases from the legal custody but they differ in their underlying conditions and purposes.
- Bail: It is a conditional per-trial release of an accused by undertaking a promise to appear before the Court as and when required.
- The accused is released after a security or collateral is deposited before the Court.
- Different types of bail in India:
- Regular Bail: Release of a person already under arrest and in police custody after the release order of the Court. A person can file an application for regular bail under section 437 and 439 of CrPC.
- Anticipatory Bail: Also called pre-arrest bail. It allows an accused person to apply for bail under section 438 CrPC before his arrest.
- Interim Bail: It is a short or temporary release granted by the Court till the application for regular bail or anticipatory bail is pending before the Court.
- Parole: It is a conditional release of a prisoner with suspension of the sentence, on the promise of good behavior.
- The conditions for parole include regular reporting to parole officers, not engaging in illegal activities, residing within a specific geographic area.
- It is usually longer than furlough.
- It is not a matter of right and can be denied to a prisoner even if he has a sufficient case.
- Furlough: It is a short or temporary release of a prisoner for a specific reason like visiting a sick family member, attending a family function.
- It is seen as a matter of legal right to be granted periodically for enabling the prisoner to retain social and family ties
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- Example: Chief of Dera Sacha Sauda was released on a 21 day furlough in November,2023.
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Conclusion
In summary, Article 20 guarantees that no one faces unjust punishment or is forced to incriminate themselves.
- It establishes a fair legal process by banning ex-post-facto laws and protecting against double jeopardy.
- Understanding these protections ensures the integrity of the justice system and the rights of the accused.
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