Article 20: The Constitutional Shield Against Unfair Punishment in India

Article 20 of the Indian Constitution: The Indian Constitution puts strong safeguards in place to protect individuals from arbitrary and unjust punishment. These protections are provided under Article 20, which acts as a powerful shield against misuse of criminal law by the State.

Article 20 ensures that no person is punished unfairly, retroactively, or forced to become a witness against themselves. It is a vital part of Fundamental Rights (Part III) and applies to both citizens and non-citizens.

Article 20 of the Indian Constitution

As per the Constitution, Article 20 is titled “Protection in respect of conviction for offences”. It is further sub-divided into three clauses:

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, 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 offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

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What is Article 20?

Article 20 of the Constitution guarantees protection against certain criminal proceedings such as self-incrimination, retrospective punishment, and double jeopardy.

Clauses of Article 20

1. Protection against Ex Post Facto Law (Article 20(1))

As per Article 20(1), no person can be convicted for an offense which doesn’t violate any law and the punishment cannot be greater than the offense. This means you cannot be punished for an act that is considered illegal.

However, this clause only prohibits sentencing and conviction, not the trial of the offender.

2. Protection against Double Jeopardy (Article 20(2))

Article 20(2) of the Indian Constitution states that a person cannot be prosecuted and punished twice for the same offence.

This clause is based on the Principle of Legal Maxim, which says thatno one should be punished twice for the same offence.

Double jeopardy here means that the person if once convicted for an offence, cannot be convicted again for the same offence.

3. Protection against Self-Incrimination (Article 20(3))

No person accused of an offence shall be compelled to be a witness against himself.

This means that:

• The person cannot be forced to confess

• The person cannot be forced to give statements or testimony that may incriminate against themselves

• The person have the right to remain silent

This is also known as the Right Against Self-Incrimination.

Who is Protected Under Article 20?

Unlike some other rights, Article 20 is available to:

• Indian citizens

• Foreign nationals

• Legal prisoners

• Undertrial prisoners

It applies to all persons, making it a universal provision. However, it is available only in criminal cases, not in civil or administrative matters.

Landmark Supreme Court Cases on Article 20

There are a few landmark Supreme Court judgements that have changed the face of Article 20 and broadened its scope. These are:

1. Kedar Nath vs. State of West Bengal (1953)

The Supreme Court held that if the legislature has made some laws then the punishment under those laws will be applied prospectively instead of retrospective punishment.

2. Mohan Lal vs. State of Rajasthan (2015)

This case was filed under the Narcotic Drugs and Psychotropic Substances Act. The Supreme Court opined that Article 20 only prohibits conviction and sentencing, not the trial.

3. Rattan Lal vs. State of Punjab (1964)

The Supreme Court has given the verdict that retrospective laws can be applicable in such cases where the trial is to reduce the punishment for the same offense.

Why is Article 20 Relevant in Current Times?

In today’s times, when we talk about the protection against state atrocities or actions, Article 20 comes into picture to protect from these arbitrary actions by the State. Article 20 provides:

• Fair trial procedures

• Protection from state arbitrary action

• Prevention against forced confessions and testimony

• Respect for personal liberty

Article 20 also keeps the Rule of Law intact in the criminal justice system. It is one of the cornerstones of criminal jurisprudence in India.

Article 20 vs Other Legal Protections

Article 20 At a Glance

Article 20 ensures that India remains a just and fair society, where no one is punished based on changing laws, repeat prosecutions, or forced confessions.

It strengthens the belief that: "A person is innocent until proven guilty by a fair process".

This makes Article 20 an essential part of India’s democratic and legal framework.