Deepika Reddy Magham is teaching live on Unacademy Plus
RIGHTS LESSON 12 - ARTICLES 20 AND 21 M. DEEPIKA REDDY HYDERABAD
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
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.
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
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
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
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)