PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES UNDER ARTICLE 20 OF THE CONSTITUTION OF INDIA

AUTHOR: BHAVANA B K, STUDENT AT VIDYA VIKAS INSTITUTE OF LEGAL STUDIES, MYSORE

BEST CITATION – BHAVANA B K, PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES UNDER ARTICLE 20 OF THE CONSTITUTION OF INDIA, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 586-590, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2

ABSTRACT:

 Article 20 of the Constitution provides for the protection in respect of conviction for offences. No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission. Also, no one can be prosecuted and punished for the same offence more than once and can be forced to give witness against his or her own self. Art. 20 of Indian Constitution provides for protection in respect of conviction of offences. In other words, it lays down certain safeguards to the person accused of crimes. Every day in our daily lives, we come across various news reports where someone is being accused of some offence(s). The basic question which every legal enthusiast faces on coming across these is whether there is some sort of fundamental rights or protection for the accused ones or ones to be presented before courts for trial. Our great Constitution makers must have also faced the same question and dilemma at the time of framing of the constitution. Thus, to deal with the same, Article 20 was included in Part III of the Indian Constitution. Article 20 is among those Articles of the Indian Constitution, which can’t be put aside even during an emergency. Thus, forms a cornerstone of the Indian Constitution. Now, let’s do a survey of three legal doctrines of the Indian Criminal jurisprudence, which reflects the three clauses of the Article 20, i.e. Ex-post facto law, Doctrine of Double Jeopardy and Prohibition against self-incrimination. The provision in question, i.e. Article 20 (1) says that one must not be prosecuted and convicted in accordance with those laws which didn’t exist at the time of the commission of the offence by the accused and also must not be inflicted with punishments greater than those existing at the time of commission.