ASKiIMAN™ ARCHIVE / INDIAN POLITY
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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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