Article 20 of Indian Constitution: Full Summary
Date: 5 June,2020
Article 20 is a part of the Fundamental Rights given in the Constitution. It is having 3 Clauses under it. Article 20 is giving protection from Conviction for offences. It is giving protection from arrest to the citizens, non-citizens and Corporations.
Also read: Article 19: 6 Fundamental Freedoms
This Article is having 3 clauses under it:
Also read: Article 19: 6 Fundamental Freedoms
This Article is having 3 clauses under it:
1. Article 20(1): Laws which are made after the occurrence of an event
This clause says that a person shall not be convicted of any offence except for violation of a law in force at the time of the commission of the act. This means that all those laws which are made after the occurrence of the act will not be applied to the person who has done the act before it is enacted.
It also says that a person can’t 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. So the penalty of an offence cannot be increased after the commission of the offence. It is to be noted that the penalty cannot be increased but the minimum penalty can be imposed. For example, the minimum penalty for death imprisonment is 14 years.
Exceptions of Article 20(1)
a. Beneficial Laws: The laws which are benefitting the convict of an offence are allowed and Article 20(1) won’t be applied in that situation.
b. Change in Procedure of the Law: The laws which are changing the procedure of the trial of an offence are allowed. Article 20(1) won’t be applied in the situation.
c. Civil Liability not Barred: Article 20(1) applies only to criminal offences and not to civil offences. So the civil liability can be enforced retrospectively too.
b. Change in Procedure of the Law: The laws which are changing the procedure of the trial of an offence are allowed. Article 20(1) won’t be applied in the situation.
c. Civil Liability not Barred: Article 20(1) applies only to criminal offences and not to civil offences. So the civil liability can be enforced retrospectively too.
2. Article 20(2): Protection against double Jeopardy
This clause is saying that no person shall be prosecuted and punished for the same offence more than once.
3 Important conditions of Article 20(2):
1. There must be a previous prosecution: It means that there must be a criminal proceeding.
2. The person must have been punished: So the punishment is must to invoke article 20 clause 2.
3. Punishment for the same offence again: The last important condition to remember is that the person must be punished for the same offence again for which he was already served a sentence.
3 Important conditions of Article 20(2):
1. There must be a previous prosecution: It means that there must be a criminal proceeding.
2. The person must have been punished: So the punishment is must to invoke article 20 clause 2.
3. Punishment for the same offence again: The last important condition to remember is that the person must be punished for the same offence again for which he was already served a sentence.
Exceptions of Article 20(2)
Following are the 3 exceptions of Clause 2 of Article 20:
a.The sentence as a result of the Recovery of Arrears.
b. The sentence as a part of Preventive detention law.
c. The sentence is giving imprisonment in default of payment.
a.The sentence as a result of the Recovery of Arrears.
b. The sentence as a part of Preventive detention law.
c. The sentence is giving imprisonment in default of payment.
3. Article 20(3): No person can be compelled to be a witness against himself
This clause says that no person accused of any offence shall be compelled to be a witness against himself. Just like above 2 clauses, this clause is also applied only on criminal proceedings and not on civil proceedings. This clause includes citizens, non-citizens, corporations or even unincorporated bodies.
Following are the 3 conditions which must be present for the application of this clause:
Following are the 3 conditions which must be present for the application of this clause:
a. A person must be accused of an offence: This offence must be punishable under the Indian Penal Code, 1860.
b. Protection from being compelled to be a witness: No one can be compelled to be a witness. So oral, documentary and testimonial evidence won’t be used against a person if they are recovered by force.
c. The compulsion to give evidence against himself: This means that involuntary evidence won’t be used against a person but voluntary evidence is acceptable in a court of law. The tape recording of statements made by the accused can be used without his knowledge as nobody has forced him to give that evidence.
b. Protection from being compelled to be a witness: No one can be compelled to be a witness. So oral, documentary and testimonial evidence won’t be used against a person if they are recovered by force.
c. The compulsion to give evidence against himself: This means that involuntary evidence won’t be used against a person but voluntary evidence is acceptable in a court of law. The tape recording of statements made by the accused can be used without his knowledge as nobody has forced him to give that evidence.
Exceptions of Article 20(3)
1. This clause won’t be applied in searches and seizures in which warrant is issued under Section 96 of the Criminal Procedure Code, 1973.
2. This clause won’t be applied in some circumstances of recovery evidence under Section 27 of the Evidence Act. As long as the evidence isn’t recovered using third-degree methods.
3. Under Section 313 of the Cr.P.C., gives the power to the courts to examine the accused so that any evidence recovered against him can be explained by him. This is completely voluntary and no punishment is given for wrong answers.
2. This clause won’t be applied in some circumstances of recovery evidence under Section 27 of the Evidence Act. As long as the evidence isn’t recovered using third-degree methods.
3. Under Section 313 of the Cr.P.C., gives the power to the courts to examine the accused so that any evidence recovered against him can be explained by him. This is completely voluntary and no punishment is given for wrong answers.
Important case: Srimati Selvi v. the State of Karnataka, AIR 2010
In this case, the court wanted to see the applicability of involuntary evidence recovered from Narco-analysis, Polygraph test, Brain electrical Activation Profile (BEAP) test for better investigation. The court said that Article 20 (3) protects from involuntary oral evidence. The compulsory extraction of Documentary evidence is allowed. Narco-analysis test is based on oral testimony and its involuntary nature will go against Article 20, clause 3.
