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.

Explanation

Article 20 provides protections to individuals under criminal prosecution, preventing retroactive punishments, double jeopardy, and self-incrimination. These provisions ensure fairness within India’s criminal justice system.

Key Aspects of Article 20

• Protection from Retroactive Punishment: Ensures individuals are not penalized for actions that were not offences when committed.
• No Double Jeopardy: Prohibits prosecution and punishment for the same offence more than once.
• Right Against Self-Incrimination: Prevents individuals from being forced to testify against themselves in criminal cases.

Real-Life Applications

An example of Article 20 in action is when a new law imposes a higher penalty; those who committed the offense before the law’s enactment cannot be charged retroactively with the increased penalty.