Article 20 - Protection in Respect of Conviction for Offences
Q. Which is true?- Published on 21 Feb 17a. Protection against self-incrimination extends to compulsion to give thumb impression.
b. The protection against double jeopardy is available in proceedings before a court of law or administrative authorities.
c. Protection under Article 20(first provision) cannot be claimed in case of preventive detention.
d. Criminal and Civil law cannot punish retrospectively.
ANSWER: Protection under Article 20(first provision) cannot be claimed in case of preventive detention.
- Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.
It contains 3 provisions -
(a) No ex-post-facto law : No person shall be
(i) convicted of any offence except for violation of a law in force at the time of the commission of the act; nor
(ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.
(b) No double jeopardy : No person shall be prosecuted and punished for the same offence more than once.
(c) No self-incrimination : No person accused of any offence shall be compelled to be a witness against himself.
- An ex-post-facto law is one that imposes penalties retrospectively (retroactively), that is, upon acts already done or which increases the penalties for such acts
- The enactment of such a law is prohibited by the first provision of Article 20.
- But this is only for criminal laws.
- A civil law/liability or a tax can be imposed retrospectively.
- Also, this provision prohibits only conviction or sentence under an ex-post-facto criminal law and not the trial thereof.
- Finally, the protection (immunity) under this provision cannot be claimed in case of preventive detention or demanding security from a person.
- The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal.
- It is not available in proceedings before departmental or administrative authorities as they are not judicial in nature.
- The protection against self-incrimination extends to both oral evidence and documentary evidence.
- But, it does not extend to -
(i) compulsory production of material objects;
(ii) compulsion to give thumb impression, specimen signature, blood specimens; and
(iii) compulsory exhibition of the body.
- It extends only to criminal proceedings and not to civil proceedings or proceedings that are not criminal in nature.
