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Right to life and personal liberty
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Articles 20 and 21 - safeguards garunteed to the accused enshrined under Article 20 and the right to life and personal liberty gaurenteed under Article 21 explained

Deepika Reddy Magham is teaching live on Unacademy Plus

Deepika Reddy Magham
BCA, LLB, MBA; Director, Shikara IAS Academy; 10 years experience in teaching Indian Polity, Ethics, Indian Society and Social Justice.
Unacademy user
Railway exam ke liye important hai
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suppose if a person is committed crime of stealing jewellery. according to law he has to get 2 year imprisonment. than what will be punishment if he does same offence 12 times?
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12 times on 12 different occasions then he may get punishment more than 2 years
thanks ma'am
Hi mam a doubt - police physically assaulting accused in the station and warning them which is a typical scene in movies and serials - is it against article 20?
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Yes it is. Police cannot interrogate until court gives them the custody
thank you for the response mam. but even after permission, is physical assault permissible?
suppose if a person is committed crime of stealing jewellery. according to law he has to get 2 year imprisonment. than what will be punishment if he does same offence 12 times?
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Same offence but different times. he is a habitual offender Pankaj and therefore separate punishment may be given. not a violation of Article 20
Hello Ma'am, Is the word "tenure of punishment" duly mentioned in the constitution?
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no it is not mentioned vinay
Vinay Kumar
a year ago
thank you ma'am
Mam, what is the different between procedure established by law and due process of law?
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procedure established by law is a principle wherein judiciary's power is restricted by law made by the legislature. For example while adjudicating a law, the court has to follow the law in giving punishment. Due process of law allows greater discretion to the judiciary in an Introduction to polity, I will make a lesson on these terms
Dev
a year ago
Thankeew mam

  1. RIGHTS LESSON 12 - ARTICLES 20 AND 21 M. DEEPIKA REDDY HYDERABAD


  2. ARTICLE 20 Article 20 provides the following safeguards the rights of persons accused of an offence. 1. No Post Facto Criminal Laws 2. Double jeopardy 3. No self incrimination


  3. POST FACTO LAWS it means that no person shall be convicted of an offence except for violation of law in force at the time of commission of that act which is considered as an offence a criminal legislation can't have a retrospective effect - no person can be subjected to a punishment greater than what is prescribed by law at the time of commitment of offence.


  4. DOUBLE JEOPARDY - means no person can be punished twice for the same offence. applies to only those punishments given by the court of law which includes courts and quasi-judicial bodies it doesnot apply in case of punishments give by non judicial bodies


  5. PROHIBITION AGAINST SELF INCRIMINATION - means that no person who is accused of offence shall be compelled to be witness against himself. is applicable only in cases where confession is made to a police officer whether voluntary or under compensation. is not violated when the accused volunteers evidence against himself before a magistrate


  6. ARTICLE 21 the constitution guarantees that no person shall be deprived of his life and personal liberty, except by the procedure established by law The phrase "except by the procedure established by law" is taken from Article 31 of the Japanese Constitution. Article 21 can be described as the foundation for all other rights -Article 21 is also the most interpreted right by the judiciary


  7. PROCEDURE ESTABLISHED BY LAW Constitution never defined the phrase Concept originated in England - means according to usage and practice as laid down by the statute (law made by legislature)