Constitution of IndiaPart IIIFundamental Right

Article 20

Protection in Respect of Conviction for Offences

ex-post-factodouble jeopardyself-incriminationconvictionwitnessprotection

Plain English Explanation

Article 20 provides three protections for accused persons: (1) Ex-post-facto law protection — no criminal punishment for an act that was not a crime when committed, and no harsher punishment than what existed at the time, (2) Double jeopardy — no person can be tried twice for the same offence, (3) Self-incrimination protection — no person can be forced to testify against themselves. Unlike Articles 21 and 22, Article 20 cannot be suspended even during National Emergency.

Legal Text

The Constitution of India · Article 20

(1) 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. (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.