“Justice will not be served until those who are unaffected are as outraged as those who are.” – Benjamin Franklin
The Indian Constitution is a comprehensive document that serves as the supreme law of the land in India. It provides a framework for the governance of the country and enshrines the rights and freedoms of its citizens. Among the various articles contained in the Constitution, Article 20 holds a significant place. The Indian Constitution, often hailed as the cornerstone of Indian democracy, enshrines a plethora of rights and liberties that protect and empower its citizens. Among these, Article 20 stands tall as a guarantor of justice and fairness for those accused of a crime. Article 20 acts as a fortress shield, ensuring that the principles of equity, humanity, and due process are adhered to in the Indian legal system. In this article, we delve into the depths of Article 20, exploring its key provisions and significance in safeguarding the rights of the accused.
Overview of Article 20
Article 20 of the Indian Constitution deals with the protection of certain rights in case of conviction for offenses. It ensures that an individual, who has been accused of an offense, is protected against certain forms of double jeopardy and self-incrimination. Let’s dive deeper into the different facets of Article 20.
I. Retrospective application of penal laws
Article 20(1) of the Indian Constitution provides powerful protection to individuals against retrospective laws, often referred to as ex post facto laws. These laws are those that criminalize an act which was innocent when committed or enhance the punishment for an act after it was committed. In simpler terms, ex post facto laws attempt to criminalize or penalize an act that was not illegal at the time it occurred.
“No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense, 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 offense.” – Article 20(1) of the Indian Constitution.
This provision acts as a protective shield against the arbitrary application of laws. It ensures that an individual cannot be punished for an action that was permissible when committed, thereby upholding the principles of fairness and legality. By safeguarding individuals from ex post facto laws, Article 20(1) ensures that justice is founded on legal certainty and that the accused is not burdened with the anxiety of being retroactively charged. Article 20 also addresses the issue of retrospective application of penal laws. It states that no person shall be subject to a penalty greater than what was prescribed by law at the time of the commission of the offense. This provision acts as a safeguard against the retroactive imposition of harsher punishments. It ensures that the punishment for an offense is governed by the law in force at the time of its commission, prohibiting the state from imposing more severe penalties retrospectively.
Protection against double jeopardy
One of the fundamental aspects of Article 20 is the protection against double jeopardy. According to this provision, no person can be punished twice for the same offense. The principle of double jeopardy prevents the state from subjecting an individual to multiple trials or punishments for the same act. This safeguard is critical in preserving the rights of the accused and upholding the principle of fairness in the criminal justice system.
Protection against self-incrimination
Another crucial provision of Article 20 is the protection against self-incrimination. This means that an accused person cannot be compelled to be a witness against themselves. It prohibits the state from forcing an individual to provide evidence or confess to their guilt. This protection ensures that an accused person is not coerced into incriminating themselves, thereby preserving their right to remain silent and protecting them from potential abuses of power.
Exceptions to Article 20
While Article 20 provides crucial safeguards to individuals accused of offenses, it is important to note that there are certain exceptions to these protections. These exceptions include cases where a person is subjected to a second trial for an offense, following a previous acquittal or conviction, on different and distinct facts. Additionally, the protection against self-incrimination does not extend to the compulsion of fingerprints, specimen handwriting, or signature.
Significance of Article 20
Article 20 plays a vital role in safeguarding the rights of individuals accused of offenses. It upholds the principle of fairness and ensures that no person is subjected to unfair or excessive punishment. The protection against double jeopardy prevents the state from harassing individuals through repeated trials and punishments for the same offense. Similarly, the prohibition against self-incrimination preserves the dignity and autonomy of the accused.
Moreover, the provision against retrospective application of penal laws upholds the principle of legal certainty. It ensures that individuals are aware of the potential penalties for their actions at the time of committing an offense. This provision prevents the state from changing the rules after the fact and imposing more severe punishments retrospectively.
Case studies and landmark judgments
Several cases and landmark judgments have helped shape the interpretation and understanding of Article 20. One such notable case is the landmark judgment in Kedar Nath Singh v. State of Bihar (1962). In this case, the Supreme Court held that the protection against double jeopardy under Article 20(2) does not extend to subsequent proceedings for a different offense based on the same facts. This judgment clarified the scope and limitations of the protection provided under Article 20.
Another significant case is the judgment in Selvi and Others v. State of Karnataka (2010), where the Supreme Court reaffirmed the right against self-incrimination under Article 20(3) and held that conducting narcoanalysis, brain mapping, and similar tests without the consent of the accused violates their fundamental rights.
Conclusion
In conclusion, Article 20 of the Indian Constitution is a vital provision that protects the rights of individuals accused of offenses. Its provisions against double jeopardy, self-incrimination, and retrospective application of penal laws ensure fairness and uphold the principles of justice. Understanding and upholding these protections is essential for maintaining a just and equitable criminal justice system. Let us continue to cherish and uphold the values enshrined in Article 20, safeguarding the liberties of every individual in the country.
References
Rovertson, Devid. (2004). A Dictionary of Human Rights. London and New York : Europa Publications.
Baxi, Upendra. (1971). Developments in Indian administrative Law: A Study. Reedsy.com
Basu, Durga Das. (2002). Introduction to the Constitution of India. Wadhwa Nagpur
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