Article 20 of the Indian Constitution is a crucial fundamental right falling under Part III, guaranteeing protection to individuals against arbitrary and excessive punishment for offences. It ensures that no person shall be subjected to a criminal conviction or penalty except according to the law that was in force at the time of the commission of the act alleged to be an offence. The article encapsulates three distinct protections: against ex-post-facto laws, double jeopardy, and self-incrimination.
Original Text
- 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.
Detailed Explanation
Article 20 provides three safeguards to persons accused of crimes. These protections are available to all persons, whether citizens or foreigners.
Clause (1): Protection against Ex-post-facto Laws
This clause prohibits retrospective application of criminal laws. An ex-post-facto law is a law that criminalizes an act retroactively, or increases the punishment for a crime after it has been committed. The protection under this clause is twofold:
- Against Conviction: A person cannot be convicted for an act which was not an offence under the law in force at the time the act was committed.
- Against Enhanced Penalty: A person cannot be subjected to a penalty greater than what could have been inflicted under the law in force at the time of the commission of the offence. If a law decreases the penalty retrospectively, the reduced penalty can be applied, as the protection is only against greater penalty.
This protection applies only to criminal laws, not to civil laws or tax laws, unless they impose a penalty. It applies only against conviction and sentence; procedural changes in criminal law can be applied retrospectively. For example, a new rule of evidence or a change in the court’s jurisdiction can be applied to pending cases.
Clause (2): Protection against Double Jeopardy
This clause embodies the principle of ’nemo debet bis vexari pro una et eadem causa’, meaning that no person should be vexed twice for the same cause. It states that no person shall be prosecuted and punished for the same offence more than once.
Key elements for this protection to apply:
- Prosecution and Punishment: The person must have been both ‘prosecuted’ (legally proceeded against in a court) and ‘punished’ for the offence in the previous proceeding. If a person was merely prosecuted but not punished, or if the previous proceeding resulted in acquittal, this clause does not bar a subsequent trial for the same offence, unless other legal principles like res judicata apply.
- Same Offence: The offence for which the person is being prosecuted again must be the same as the one for which they were previously prosecuted and punished.
- Competent Jurisdiction: The previous prosecution and punishment must have been before a court of law or a judicial tribunal acting in a judicial capacity. This protection does not apply to departmental or administrative proceedings. Thus, a government servant can be subjected to both departmental inquiry and criminal prosecution for the same act.
Clause (3): Protection against Self-incrimination
This clause protects an accused person from being compelled to be a witness against himself. This is based on the principle that the prosecution must prove the guilt of the accused beyond reasonable doubt, and the accused should not be forced to provide evidence that incriminates them.
Key elements for this protection to apply:
- Accused of any offence: The protection is available only to a person who is formally accused of an offence. It does not generally extend to persons who are merely witnesses or suspects at the investigation stage, although the principle against compulsion may apply under specific statutes like the Code of Criminal Procedure.
- Compelled: There must be an element of compulsion. This means a person cannot be forced or pressured to give evidence against their will. Voluntary statements are not covered.
- To be a witness against himself: The compulsion must be to give evidence which is likely to expose the accused to a criminal charge. This includes giving oral testimony as well as producing documents that incriminate the accused. However, the Supreme Court has held that ’to be a witness’ is not limited to just oral evidence but also includes documentary evidence. Importantly, compelling an accused to give thumb impressions, signatures, or blood specimens, or to submit to a medical examination, is generally not considered ’to be a witness’ in this context, as it relates to physical evidence rather than testimonial compulsion.
Detailed Notes
- Article 20 provides three fundamental protections regarding conviction for offences.
- Available to citizens and non-citizens alike.
- Clause (1): Protection against Ex-post-facto Laws
- Prohibits retrospective criminal laws.
- Bars conviction for an act not an offence when committed.
- Bars penalty greater than what was in force when the offence was committed.
- Lesser penalties can be applied retrospectively.
- Applies only to criminal laws imposing penalties.
- Does not apply to civil laws or procedural changes in criminal law.
- Clause (2): Protection against Double Jeopardy
- Based on the principle ’nemo debet bis vexari pro una et eadem causa’.
- Bars prosecution and punishment for the same offence more than once.
- Requires both previous ‘prosecution’ and ‘punishment’.
- Previous proceeding must be before a court or judicial tribunal.
- Does not apply to departmental or administrative proceedings.
- Clause (3): Protection against Self-incrimination
- Protects an accused from being compelled to be a witness against himself.
- Available only to a person accused of an offence.
- Requires ‘compulsion’.
- Evidence must be ‘against himself’ and likely to lead to conviction.
- Covers oral and documentary evidence (testimonial compulsion).
- Generally does not cover compulsory production of material objects, thumb impressions, signatures, or blood samples (physical evidence), based on Supreme Court interpretations.
- Protection is absolute and cannot be suspended even during a National Emergency under Article 359.
Additional Comments
- Article 20 stands out as one of the fundamental rights that cannot be suspended even during the proclamation of a National Emergency under Article 359 of the Constitution (as per the 44th Amendment Act, 1978).
- The interpretations of the clauses, particularly Clause (3) regarding ’to be a witness’, have evolved through various Supreme Court judgments.
- Understanding the distinction between substantive and procedural law under Clause (1) and between judicial and administrative action under Clause (2) is crucial.
- The scope of ‘compulsion’ under Clause (3) and what constitutes ‘being a witness’ are key areas of judicial interpretation.
Summary
Article 20 provides protection regarding conviction for offences. It ensures no one is convicted for an act not illegal when committed, or given a higher penalty than allowed by law at that time. It prohibits prosecuting and punishing someone more than once for the same offence in court. Furthermore, it prevents compelling a person accused of an offence to testify against themselves.