Article 20
Protection in Respect of Conviction for Offences
PART I — THE THREE PROTECTIONS
CLAUSE 1
No Ex-Post-Facto Law
- No retrospective criminal laws
- Penalty cannot exceed original
- Only applies to criminal offenses
- Protects against retroactive punishment
CLAUSE 2
No Double Jeopardy
- Cannot be punished twice
- For the exact same offence
- Applies only to judicial courts
- Does not bar departmental action
CLAUSE 3
No Self-Incrimination
- Cannot be compelled as witness
- Against oneself
- Applies to oral/doc evidence
- Thumb impressions not exempt
PART II — SCOPE & IMMUNITY
SCOPE
Civil vs. Criminal
- Tax/Civil laws can be retroactive
- Protection strictly for criminal law
- Preventive detention excluded
- Only applies to convictions
IMMUNITY
Emergency Exception
- Cannot be suspended
- Even during National Emergency
- 44th Amendment Act (1978)
- Core human right preservation
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