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Article 20
Protection in respect of conviction for offences 1.No person shall be convicted of any offence except for violation of the 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
Article 20
2.No person shall be prosecuted and punished for the same offence more than once (3) No person accused of any offence shall be compelled to be a witness against himself
Article 20(1)
a. No person is to be convicted of an offence except for violating a law in force at the time of commission of the act charged as offence
Article 20(1)
Immunity- only for against punishment by courts and cannot be claimed against preventive detention protection- applies only to conviction and not to change of procedure
Article 20(1)
B. Art. 20 (1) immunizes a person from a penalty greater than what he might have incurred at the time of his committing the offence
Double Jeopardy
Art. 20 (2) Nemo debit bis vexari A man must not be put twice in peril for the same offence
Double Jeopardy
Autrefois acquit or autrefois convictdefense U.S position 5th Amendment of U.S. Constitution Nor shall any person be subject to for the same offence to be ut twice in jeopardy of life and limb.
Self -Incrimination
Art 20 (3) The right to silence is based on the principle nemo debet prodere ipsum, the privilege against self-incrimination.
Self -Incrimination
Privilege applies to testimonial compulsion
Article 20 (3)
1. it is a right pertaining to a person accused of an offence 2. it is a protection against compulsion to be a witness; and 3. it is a protection against such compulsion resulting in his giving evidence against himself.
Article 20 (3)
The privilege under clause (3) is confined only to an accused i.e. a person against whom a formal accusation relating to the commission of an offence has been leveled which is in the normal course may result in the prosecution.
Article 20 (3)
A person against whom a first information report has been recorded by the police and investigation has been ordered by the Magistrate can claim the benefit of the protection.
SC qualified propositions
Narcoanalysis
In questioning the scientific reliability of narcoanalysis, the Court for example stated: Some studies have shown that most of the drug-induced revelations are not related to the relevant facts and they are more likely to be in the nature of inconsequential information about the subjects personal lives.