Article 20: Rights in Relation to Conviction for Offences

Article 20 of the Indian Constitution provides crucial safeguards to protect individuals from unfair treatment in the context of criminal offences.

Let’s examine each provision of Article 20 in detail:

Protection against Ex-Post Facto Laws

Article 20(1) ensures that no person can be convicted of an offence except for violating a law that was in force at the time the act was committed. It prohibits the retroactive application of laws or the imposition of a penalty greater than what was prescribed by law at the time of the offence. This provision safeguards individuals from being punished for acts that were not considered offences when they were committed.

It is important to note that Article 20(1) only prohibits conviction and sentencing under ex-post-facto laws; it does not declare the ex-post facto law itself invalid. Ex-post facto laws refer to legislation that imposes penalties retroactively or increases penalties for past acts.

Protection against Double Jeopardy

Article 20(2) upholds the principle of double jeopardy, known as “Nemo debet bis vexari.” It ensures that no person can be prosecuted and punished for the same offence more than once. 

Once an individual has been prosecuted and acquitted or convicted and punished for a particular offence, they cannot be subjected to further prosecution or punishment for the same offence. This protection ensures that individuals are not subjected to repeated harassment and punishment for the same act.

Protection against Self-Incrimination

Article 20(3) protects against self-incrimination. It states that no person accused of any offence shall be compelled to be a witness against themselves. This provision affirms the principle of “nemo tenetur se ipsum accusare,” which means an individual cannot be forced to provide evidence or make statements that may incriminate themselves. 

This protection against self-incrimination is also reflected in parallel provisions in the Indian Evidence Act and the Criminal Procedure Code.

These safeguards outlined in Article 20 are fundamental to ensuring fair and just treatment within the criminal justice system. They protect individuals from arbitrary punishment, double jeopardy, and violating their right against self-incrimination.

Summary

Article 20 of the Indian Constitution safeguards the rights of individuals about a conviction for offences. It prevents the retrospective application of laws, protects against double jeopardy, and ensures individuals cannot be compelled to incriminate themselves. 

These provisions play a vital role in upholding the principles of justice, fairness and protecting individual rights within the Indian legal system. By providing these safeguards, Article 20 contributes to preserving a just and equitable society.