Article 20 of Constitution of India and Doctrine of Double Jeopardy

First Published: March 10, 2013 | Last Updated:July 1, 2017

Article 20 has taken care to safeguard the rights of persons accused of crimes. Persons here
means the citizens, non-citizens as well as corporations. Please note that this article cannot be
suspended even during an emergency in operation under article 359. Article 20 also constitutes
the limitation on the legislative powers of the Union and State legislatures.

Ex-Post facto Law

Article 20 (1) says that no person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the Act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the time of the
commission of the offence. This is called Ex-Post facto Law. It means that legislature can not
make a law which provides for punishment of acts which were committed prior to the date when
it cam into force. This means that a new law can not punish an old act.

Doctrine of Double Jeopardy

Article 20(2) says that no person shall be prosecuted and punished for the same offence more
than once. This is called Doctrine of Double Jeopardy. The objective of this article is to avoid
harassment, which must be caused for successive criminal proceedings, where the person has
committed only one crime. There is a law maxim related to this – nemo debet bis vexari. This
means that no man shall be put twice in peril for the same offence.

There are two aspects of Doctrine of Jeopardy viz. autrefois convict and autrefois acquit.
Autrefois convict means that the person has been previously convicted in respect of the same
offence. The autrefois acquit means that the person has been acquitted on a same charge on
which he is being prosecuted.

Please note that Constitution bars double punishment for the same offence. The conviction for
such offence does not bar for subsequent trial and conviction for another offence and it does not
matter the some ingredients of these two offences are common.

Self Incrimination Law

Article 20(3) of the constitution says that no person accused of any offence shall be compelled
to be a witness against himself. This is based upon a legal maxim which means that No man is
bound to accuse himself. The accused is presumed to be innocent till his guilt is proved. It is the
duty of the prosecution to establish his guilt