Article 20 of the Indian Constitution -
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, nor be subjected to a penalty greater than that prescribed by that law.
(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.
Now, let’s explain each clause in simple terms!
1. No Ex Post Facto Law (Article 20(1))
📜 What it means:
- A person cannot be punished for an act that was not illegal when they did it.
- If a law is passed later, it cannot be used to punish past actions.
✅ Example:
Imagine there was no law against using mobile phones while driving in 2020. But in 2022, a law was passed making it illegal.
- If you used a mobile phone while driving in 2020, the police cannot punish you now under the 2022 law.
❌ Limitations:
- This applies only to criminal laws (not civil laws like taxes or contracts).
- But if a new law reduces punishment, the lighter punishment can be applied.
2. No Double Jeopardy (Article 20(2))
📜 What it means:
- A person cannot be punished twice for the same crime.
- Once a person is convicted (found guilty) or acquitted (found innocent), they cannot be tried again for the same offense.
✅ Example:
If a person is caught stealing and the court punishes him, the police cannot arrest and try him again for the same theft.
❌ Limitations:
- Protection available only in Proceedings before court or Judicial tribunal.
- This applies only if the person has already been convicted or acquitted by a court.
- If an employee commits fraud in a government office, the government can take action against him separately even if he was punished in court.
3. No Self-Incrimination (Article 20(3))
📜 What it means:
- A person cannot be forced to confess or give evidence against themselves.
- The police or court cannot make an accused person speak or write a statement proving they are guilty.
✅ Example:
If a person is arrested for murder, the police cannot force him to admit it. He has the right to remain silent.
❌ Limitations:
- This only applies to verbal and written confessions.
- The police can collect physical evidence like fingerprints, blood samples, or DNA.
- A person can be asked to participate in an identification parade (where witnesses identify the accused).
The protection against self-incrimination under Article 20(3) of the Indian Constitution applies only to personal testimony or statements. However, it does not extend to certain types of evidence collection.
What is NOT protected under Article 20(3)?
The following do not violate the right against self-incrimination:
Compulsory production of material objects – If the police or court orders you to produce a physical object (like a weapon, stolen items, or documents), you must do so. This is not considered self-incrimination.
Compulsion to give a thumb impression – The authorities can take your thumb impression, fingerprints, or handwriting samples because they are physical evidence, not a statement made by you.
Compulsory exhibition of the body – The police can ask you to participate in an identification parade, take your blood sample, or check scars, birthmarks, or injuries on your body to match evidence. This does not count as self-incrimination.
In short:
You are protected from being forced to speak or write a confession against yourself, but you cannot refuse to provide physical evidence like fingerprints, blood samples, or objects.
Final Summary in a Table
| Clause |
Protection Given |
What is NOT Protected? |
| 20(1) |
No ex post facto law (no punishment for past acts if the law was made later) |
If a new law reduces punishment, it can be applied. |
| 20(2) |
No double jeopardy (no punishment twice for the same offense) |
If the person is not convicted or acquitted, they can be tried again. |
| 20(3) |
No self-incrimination (no forced confession) |
Physical evidence like thumbprints, DNA, and blood samples can be taken. |
Why is Article 20 Important?
- It protects individual rights in criminal cases.
- It ensures fair trials and prevents misuse of power.
- It stops the government from punishing people unfairly.
This is the detailed yet simple explanation of Article 20. Let me know if you need more clarity! 😊
