Under Part III of the Constitution of India, Article 20 stands as a powerful shield for individuals accused of crimes. It provides three essential protections that uphold fairness in criminal justice and restrict arbitrary use of state power.
These safeguards reflect the principles of natural justice and ensure that no person is unfairly prosecuted or punished.
Article 20(1): Protection Against Ex Post Facto Laws
Article 20(1) protects individuals from retrospective criminal liability.
What does this mean?
- A person cannot be convicted for an act that was not a crime at the time it was committed.
- A person cannot be given a harsher punishment than what was prescribed under the law when the offence occurred.
In simple terms, the law cannot look back and criminalize past actions or increase penalties after the fact.
⚖️ Important: This protection applies only to criminal laws. Civil matters—such as taxation—can be applied retrospectively.
Article 20(2): Protection Against Double Jeopardy
Article 20(2) ensures that no individual is punished twice for the same offence.
This principle, known as double jeopardy, means:
- A person who has already been prosecuted and punished by a court of law cannot be tried and punished again for the same offence.
However, it applies only when:
- There has been a prior prosecution, and
- The prior proceeding was before a judicial court or tribunal.
This protection prevents repeated harassment through multiple trials for the same alleged crime.
Article 20(3): Protection Against Self-Incrimination
Article 20(3) guarantees that:
No person accused of an offence shall be compelled to be a witness against themselves.
This means:
- No forced confessions.
- No coercion to provide self-incriminating testimony.
- Protection against being compelled to produce evidence that directly incriminates oneself.
It reinforces the fundamental principle that the burden of proof lies on the prosecution, not the accused.
Why Article 20 Is So Important
Article 20 plays a crucial role in ensuring fairness in India’s criminal justice system:
✅ Cannot Be Suspended During Emergency
Even during a National Emergency, these protections remain intact.
✅ Prevents Arbitrary Punishment
It ensures that the State cannot misuse its power to punish individuals unfairly.
✅ Upholds Natural Justice and Due Process
The article embodies core democratic values — fairness, accountability, and rule of law.
Conclusion
Article 20 is more than just a constitutional provision — it is a safeguard of personal liberty. By protecting individuals from retrospective punishment, double jeopardy, and self-incrimination, it ensures that justice is administered fairly and responsibly.
In a democracy governed by the rule of law, such protections are not privileges — they are fundamental rights.