What does Article 20 say?

20 of the Indian Constitution prohibits self-incrimination. It says that “No person accused of any offence shall be compelled to be a witness against himself”. Art.

What does Article 20 of the Universal Declaration of Human Rights mean?

Article 20 of the Universal Declaration of Human Rights (UDHR), combined with Article 19’s freedom of expression, together ensure the right to gather publicly or privately and collectively express, promote, pursue and defend common interests.

What rights does Article 20 21 deal with?

Article 20 is one of those fundamental rights enshrined in our Constitution, which deals with the protection of certain rights in case of conviction for offences. The most important feature of this Fundamental Right is that it cannot be suspended even during an emergency period like Article 21.

How many clauses are there in Article 20 of fundamental rights?

three clauses
Now, let’s do a survey of three legal doctrines of the Indian Criminal jurisprudence, which reflects the three clauses of the Article 20, i.e. Ex-post facto law, Doctrine of Double Jeopardy and Prohibition against self-incrimination.

What is the purpose of Article 20?

Article 20 Constitution of India: Protection in respect of conviction for offences.

Can Article 20 and 21 be suspended?

It provides that under the Presidential order made in the exercise of powers under Article 359, the enforcement of Articles 20 and 21 shall never be suspended. In other words, if a person is deprived his life or personal liberty, he would be entitled to move the court for he enforcement of his right.

Is Article 21 suspended during emergency?

After the 44th Amendment Act, it was agreed by the Court that in any case no person can be stripped of his right to life and personal liberty. Article 20 and 21 could not be suspended even in case of an emergency. Hence, once an emergency any person stripped of his fundamental right can move to court for remedy.

What is the Article 21?

Article 21 of Constitution of India: Protection of Life and Personal Liberty. Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: 2) Right to personal liberty.

What does Article 20 of the constitution say?

Article 20 is the pillar of these fundamental rights . It mainly deals with protection of certain rights in conviction of an offence. Ex post facto law. Art 20(1) says that no person can be convicted of an offence except for violation of law at the time of conviction .

What is the importance of Article 20 in India?

Article 20 is one of the pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with protection of certain rights in case of conviction for offences. When an individual as well as corporations are accused of crimes, the provisions of Article 20 safeguard their rights.

How does Article 20 protect against double punishment?

It is to be noted that Article 20 provides protection against double punishment only when the accused has been ‘prosecuted’ and ‘punished’ once. Also, the Article does not prevent subsequent trial and conviction for another offence even if the two offences have some common aspects.

What does Article 20 of the constitution say about double jeopardy?

Although Article 20 disapproves of the doctrine of ‘Double Jeopardy’, it does not give immunity from proceedings before a court of law or tribunal. Hence, a public servant who has been punished for an offence in a court of law may yet be subjected to departmental proceedings for the same offence.