Article 20 of Indian Constitution, Clause, Provisions, Case Laws

Article 20 of the Constitution of India provides legal protection to individuals accused of crimes and fairness in criminal justice. The article doesn’t allow retroactive laws, protection against self-incrimination and double jeopardy. It only helps in ensuring justice and preventing arbitrary punishment. 

Article 20 of Indian Constitution

The Constitution of India, states the following about Article 20: 

Article 20- Protection in respect of conviction for offences

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.

Article 20 of Indian Constitution Provisions

Article 20 of the Indian Constitution is an important article that legally safeguards people who are accused of crimes, ensures fairness and non-arbitrariness and protection from protection. It provides protection to citizens, foreigners and legal entities. Article 20 is sub-divided into the following clauses: 

• Article 20(1): Protection from Retrospective Criminal Laws (Ex-Post Facto Laws)
  • Part 1 of Article 20 states that no person can be convicted from an act that was not a crime at the time it was committed or be given a hard punishment. 
  • This applies to criminal laws and convictions and not to trial and certainty. 
• Article 20(2): Protection Against Double Jeopardy
  • Article 20 Part 2 states that no individuals can be prosecuted or punished for the same offence more than once.
  • The aim is to protect during the time of judicial proceedings leading to punishment and protect individuals from harassment for the same crime. 
• Article 20(3): Protection Against Self-Incrimination
  • Article 20(3) states that no person accused of a crime can be compelled to testify against themselves, and ensure the right to remain silent. 
  • This article is used for both oral and documentary evidence and applies to criminal proceedings except for physical examination or body search.

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Article 20 of Indian Constitution Case Laws

Article 20 of Indian Constitution has been clarified through important Supreme Court judgments as highlighted below:

• State of Bombay v. Kathi Kalu Oghad (1961): The Supreme Court ruled that giving fingerprints, handwriting samples, or similar physical evidence does not violate Article 20(3). Only compelled personal statements are protected from self incrimination.
• Nandini Satpathy v. P.L. Dani (1978): The Court held that every accused or suspect has the right to remain silent during police questioning if answering may lead to self incrimination under Article 20(3).
• Selvi v. State of Karnataka (2010): The Supreme Court declared that narco analysis, polygraph and brain mapping tests cannot be conducted without the voluntary consent of the accused, protecting personal liberty and constitutional rights.
• Tofan Singh v. State of Tamil Nadu (2020): The Court ruled that confessions recorded by Narcotics Control Bureau officers are not admissible as evidence, strengthening protection against self incrimination under Article 20(3).