In India, the protection of fundamental rights and safeguards for accused individuals during criminal trials is enshrined in the Constitution. Article 20 of the Indian Constitution specifically addresses these protections and is a cornerstone of the legal framework. This practice note aims to provide lawyers in India with an overview of Article 20 and its three clauses, highlighting the key principles related to protection in respect of conviction for offences.
Article 20: Overview
Article 20 of the Indian Constitution consists of three clauses that address issues related to legislative, executive, and implementing authorities. These provisions establish the following fundamental principles:
1. Protection against Ex Post Facto Laws (Clause 1): This clause ensures that no person can be convicted for an offence that was not considered a crime when it was committed. It prohibits retrospective implementation of criminal laws, safeguarding individuals from being prosecuted or penalized for actions that were lawful at the time they were committed. The principle was established in the landmark case of Kedar Nath v. State of West Bengal.
2. Doctrine of Double Jeopardy (Clause 2): The doctrine of Double Jeopardy ensures that no person can be convicted and punished multiple times for the same offence based on the same set of facts. This clause guarantees protection against multiple convictions and punishments. However, it is important to note that subsequent proceedings can occur if the facts of the case are distinct from those of the previous proceedings. The doctrine was clarified in cases such as Maqbool Hussain v. State of Bombay.
3. Prohibition against Self-Incrimination (Clause 3): This clause provides protection against self-incrimination, ensuring that no person can be compelled to provide evidence or information that may be used against them during the trial. It safeguards individuals from being forced to testify against themselves. However, it is important to distinguish between criminal cases and other types of cases where this protection may not apply. The principle was established in cases such as M.P. Sharma v. Satish Chandra.
Practical Implications and Exceptions
While Article 20 of the Indian Constitution provides essential protections for accused individuals, it is crucial to understand the practical implications and exceptions associated with each clause:
1. Ex Post Facto Laws: Retrospective implementation of criminal laws is prohibited, except in cases where the punishment for an offence is reduced. The case of Rattan Lal v. the State of Punjab allows for such retrospective implementation of criminal laws when the penalty is reduced.
2. Doctrine of Double Jeopardy: No person can be prosecuted and punished twice for the same offence based on the same set of facts. However, subsequent proceedings can occur if the facts of the case are distinct. The Principle of Issue Estoppel may also apply, barring ongoing prosecution if facts in favor of the accused are established.
3. Prohibition against Self-Incrimination: Individuals cannot be compelled to provide evidence or information that may incriminate them. Exceptions exist for evidence provided voluntarily or seized during searches conducted by authorities. Section 161(2) of the Code of Criminal Procedure (CrPC) provides guidelines for answering questions during examinations by authorities.
Article 20 of the Indian Constitution establishes crucial protections for accused individuals during criminal trials. It ensures that individuals are not convicted for actions that were not considered crimes when committed, protects against multiple convictions and punishments for the same offence, and prohibits self-incrimination. These protections are available to all individuals, including Indians and foreigners, and form the foundation of the Indian Constitution’s commitment to democratic values and human rights.
Disclaimer: This practice note provides a general overview of Article 20 of the Indian Constitution. It is not intended as legal advice, and lawyers should refer to the relevant laws, statutes, and case law for comprehensive understanding and application in specific cases.
