Saturday, 4 June 2022

article 20 of the indian constitution

                                      ARTICLE 20 OF THE INDIAN CONSTITUTION 

 



INTRODUCTION 


ARTICLE 20 OF THE INDIAN CONSTITUTION STATES THE NO PERSON SHALL BE CONVICTED OF ANY OFFENVCE EXCEPT FOR THE VIOLATION OF A LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE ACT CHARGED AS AN OFFENCE , NOR THAT HE BE SUBJECTED TO PENALTY GREATER THAN WHICH MIGHT HAVE BEEN INFLICTED UNDER THE LAW . 

NO PERSON SHALL BE EXECUTED AND PUNISHED FOR THE  SAME OFFENCE MORE THAN ONCE . – NEMO DEBET BIS VEXARI . 

NO PERSON ACCUSED OF ANY OFFENCE SHALL BE COMPELLED TO BE A WITNESS AGAINST HIMSELF . 


ARTICLE 20 OF THE CONSTITUTION CALLS FOR THE PROTECTION OF PEOPLE AGAINST THE EX POST FACTO LAWS WHICH STANDS FOR THE LAWS THAT WERE PERMITTED WHEN THEY WERE COMMITTED , A PERSON WHO HAS COMMITTED AN OFFENCE AT THE TIME OF THE COMMENCEMENT OF THE OFFENCE IF THE ACT WAS NOT DEEMED AS CRIME RATHER WAS LAWFUL THEN IT CAN NOT LEAD TO A PERSON’S PROSECUTION . 


EXECPTIONS TO ARTICLE 20 OF THE CONSTITUTION 

  1. IT PROVIDES PROTECTION AGAINST DOUBLE JEOPARDY WHICH MEANS THAT IT PROVIDES PROTECTION TO THE PEOPLE WHO ARE SUBJECTED TO PROSECUTION FOR THE SAME OFFENCE TWICE . IT ACTS AS AN EXCEPTION UNDER THE AMBIT OF THE LAW OF ARTICLE 20 

  2. ARTICLE 20 PROTECTS THE PEOPLE AGAINST POST FACTO LAWS , WHICH ACTS AS A PROTECTION TO THE ARBITARY USE OF POWER OF PROSECUTING PERSON UNDER THE THEN LAWFUL ACTS WHICH BECAME UNLAWFUL IN THE PRESENT SCENARIO . 

  3. IT ALSO PROTECTS PEOPLE AGAINST SELF INCRIMINATION WHICH MEANS THAT IT PROVIDES FOR THE PROTECTION AGAINST  THE FORCEFUL  SELF INCRIMINATION OF THE CRIMINALS BY THE POLICE , THIS PROVISION IS MADE ON THE HUMANITARIAN GROUNDS WHICH SPEAKS FOR THE HUMANITARIAN APPROACH OF THE INDIAN CONSTITUTION AND THE LEGAL SYSTEM . 


UNDER ARTICLE 20(3) THE NARCOANALYSIS TESTS WHICH ARE CONDUCTED BY THE EXPERTS TO EXTRACT TRUTH OUT OF THE CRIMINAL IN ORDER TO REACH TO A CONCLUSION IN A CASE IS PROHIBITED AND IN THE CASE OF SELVI VS STATE OF KERELA 2010 CASE WGHERE THE COURT HELD THAT NARCO ANALYSIS TESTS CONDUCTED BY THE AUTHORITIES AGAINST THE WILL OF A PERSON IS ARBITARY AND IS VOID UNDER THE PREROGATIVE OF ARTICLE 20(3) , IT IS AN ABUSE OF POWER BY THE AUTHORITIES 


CONCLUSION 

ARTICLE 20 OF THE CONSTITUTION PROVIDES RIGHTS NOT ONLY TO CITIZENS BUT ALSO TO THOSE WHO ARE NON RESIDENTS , THE RIGHTS PROVIDED BY THE ARTICLE IS SOLELY BASED ON THE HUMANITARIAN APPROACH OF THE CONSTITUTION AND THE LEGAL FRAMEWORK OF THE NATION , INDIA  HAS ALWAYS BATTED FOR THE RIGHTS OF PEOPLE AND CONSTITUTION HAS BEEN THE PROTECTOR OF THOSE HUMAN RIGHTS , PROVISIONS PROVIDED UNDER THE ARTICLE 20 WHICH PROTECTS PEOPLE AGAINST POST FACTO LAW AND AGAINST THE DOUBLE JEOPARDY WHICH ARE A BASIS FOR THE ARBITARY AND A REGRESSIVE APPROACH OF THE LEGAL SYSTEM, UNDER ARTICLE 20(3) THE COURT HAS DISCOURAGED THE PROVIDING OF EVIDENCE IN THE COURT AGAINST THE WILL OF THE CRIMINAL THROUGH FORCED SELF INCRIMINATION AND FORCEFUL NARCOANALYSIS TESTS , AS PER THE CASE OF SELVI VS STATE OF KERELA THE COURT DECIDED THAT ANY ACTION DONE AGAINST THE WILL OF THE PERSON TO GET THE FACT OUT OF HIM IS UNCONSTITUTIONAL AND IS NULL AND VOID UNDER THE ARTICLE 20(3) AND ARTICLE 21 . 



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