Article 20 of Indian Constitution
Article 20 – Protection in Respect of Conviction for Offences
Text of Article 20:
(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.
(2) No person shall be prosecuted and punished for the same offence more than once (prohibition of double jeopardy).
(3) No person accused of any offence shall be compelled to be a witness against himself (prohibition against self-incrimination).
Key Provisions & Principles:
Ex Post Facto Law (Clause 1):
No person can be convicted for an act that was not a crime when committed.
Protects citizens from retrospective criminal laws.
Kedar Nath v. State of Bihar (1962) – The Supreme Court held that retrospective penal laws are invalid, as they violate Article 20(1).
Protection Against Double Jeopardy (Clause 2):
No person shall be prosecuted and punished twice for the same offence.
Applies to both courts and tribunals.
Rattan Lal v. State of Punjab (1963) – The Court clarified that double punishment for the same offence is prohibited, even if tried under different statutes for the same act.
Protection Against Self-Incrimination (Clause 3):
No person shall be compelled to testify against himself.
Upholds the principle of innocent until proven guilty.
Smt. Selvi v. State of Karnataka (2010) – The Supreme Court held that compulsory narco-analysis, polygraph, or brain-mapping tests violate Article 20(3) as it amounts to self-incrimination.
Scope of Article 20:
| Clause | Protection Offered | Scope / Example |
|---|---|---|
| 20(1) | Ex post facto law | Cannot convict someone for a law passed after the act |
| 20(2) | Double jeopardy | Cannot punish a person twice for the same crime |
| 20(3) | Self-incrimination | Cannot force a person to testify against themselves |
Significance:
Safeguards individual liberty against arbitrary or retrospective prosecution.
Ensures fair trial and due process in criminal law.
Balances the power of the state with fundamental rights of citizens.
Upholds basic human rights principles in criminal justice.
Conclusion:
Article 20 is a crucial protective provision in the Indian Constitution. It ensures:
Citizens are not convicted retrospectively.
They are not punished more than once for the same offence.
They cannot be forced to incriminate themselves.
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