Right to freedom | article 20 | Protection in conviction for offences | UPSC | Fundamental rights

Описание: #Article_20
#Anuchchhed_20
#Right_to_Freedom
This video explains the Right to freedom under part-3 of Indian constitution. Right to freedom contains article 19,20,21,21A & 22. This video details about article 20.


Article 20 is a Fundamental Right of the Indian Constitution which talks about PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES.
Protection against arbitrary & excessive punishment to an accused citizen/foreigner/legal person ( company or corporation).

20(clause 1) NO EX-POST-FACTO LAW:
This bars the legislature from making retrospective laws in criminal matters.
Person shall be convicted/ subject to penalty as per the law in force at the time of commission of the act.
Imposed only on criminal laws, not on civil or tax laws.
A civil liability or a tax can be imposed retrospectively.
The protection under this provision cannot be claimed in case of preventive detention or demanding security from a person.

20(clause 2) NO DOUBLE JEOPARDY:
No prosecution for the same offence more than once. But person can be prosecuted for different offence.

Requirements for taking protection under 20(2):
Accused for an offence
Prosecution under process for that offence
Result of that prosecution is punishment

Available only before court of law or judicial tribunal. Not available in departmental or administrative or quasi judicial authorities.


20(clause 3)NO SELF-INCRIMINATION:
No person accused of any offence shall be compelled to be a witness against himself.
Requirements for taking protection under 20(3):
Charged for an offence
You are compelled to be witness against that offence
That evidence shall be used against you.

Extend only to criminal proceedings, not civil.
Extend to both oral and documentary evidences.
One can refuse to answer question which expose oneself.
Section 25, 26 of Indian Evidence Act: Self harming statements have no admissible value.
Does not extend to (state of Bombay v/s Kathi Kalu Oghad)
Compulsory production of material objects.
Compulsion to give thumb impression, specimen sign, blood specimen.
Compulsory exhibition of body.






I hope this video helps you in understanding Concepts of Article 20 and its limitations.


Understanding Fundamental Rights is very important for every Law Student. Its an important topic for any Competitive law Exam such as NET 2020, CLAT 2020, Judiciary and Indian Polity for UPSC Preparation and for other competitive exams.

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