School of Law Renuka Joseph 2023 24 Articles 20, 21 and 22

Summary

This lecture discusses key articles of the Indian Constitution, focusing on Article 20 which safeguards citizens and non-citizens against retrospective laws, double jeopardy, and self-incrimination. It also covers Article 21, ensuring no one is deprived of life or liberty without legal procedure, and Article 22, which protects against arbitrary arrest and detention. Case laws are analyzed to illustrate these rights in action.

Takeaways

• 📜 Article 20 of the Constitution of India provides protection to both citizens and non-citizens against retrospective laws, double jeopardy, and self-incrimination.
• 🚫 Article 20 Clause 1 prohibits retrospective criminal liability, meaning the state cannot impose laws retroactively to criminalize acts that were not offenses at the time they were committed.
• 📚 The case of Karad vs. State of West Bengal illustrates that an accused cannot be made to pay an enhanced fine after committing an offense, as it would violate Article 20 Clause 1.
• 📉 Article 20 Clause 1 also ensures that an accused can benefit from a reduction in punishment during the pendency of a trial, as seen in Rana vs. State of Punjab.
• ⛔ Article 20 Clause 2 offers protection against double jeopardy, ensuring a person is not punished more than once for the same offense.
• 🚨 The conditions for claiming protection under Article 20 Clause 2 include being accused of an offense, prosecution in a court, previous punishment for the same offense, and the offense being the same in both instances.
• 🗣️ Article 20 Clause 3 safeguards individuals from self-incrimination, meaning one cannot be forced to testify against oneself.
• 🔍 The Supreme Court's interpretation in M.P. Sharma vs. Sadish Chandra broadened the scope of Article 20 Clause 3 to include oral, documentary, and testimonial evidence.
• 🏛️ In State of Bombay vs. Kathi Kalu, the court differentiated between being a witness and furnishing evidence, limiting self-incrimination to personal testimonial statements.
• 🏫 Article 21 is a fundamental right ensuring no person can be deprived of life or personal liberty except by a procedure established by law, as discussed in A.K. Gopalan vs. State of Madras.
• 🌟 Article 21 has evolved to encompass various rights, including the right to education (Article 21A), right to speedy trial, right to medical aid, and right to privacy, post the Maneka Gandhi vs. Union of India case.

Q & A

What does Article 20 of the Constitution of India protect against?

Article 20 of the Constitution of India provides protection against retrospective laws, double jeopardy, and self-incrimination.

What is meant by 'retroactive laws' in Article 20 Clause 1?

Retroactive laws refer to laws that apply to actions that were not offenses at the time they were committed, or laws that enhance criminal liability after the fact.

Can a person be punished twice for the same offense under Article 20 Clause 2?

No, according to Article 20 Clause 2, a person cannot be punished more than once for the same offense.

What are the conditions required to claim protection under Article 20 Clause 2?

The conditions include being accused of an offense, prosecution in a court or judicial tribunal, previous punishment for the same offense, and the offense being the same in both proceedings.

What does protection against self-incrimination entail?

It means that no person shall be compelled to be a witness against themselves, which includes oral, documentary, and testimonial evidences or statements.

How does Article 21 relate to the death penalty?

Article 21 states that no person shall be deprived of their life and liberty except according to a procedure established by law, hence the death penalty is allowed as it follows legal procedures.

What was the outcome of the case 'AK Gopalan versus State of Madras' in relation to Article 21?

In the case 'AK Gopalan versus State of Madras', the court gave a narrow interpretation of Article 21, stating that preventive detention was not a violation of Article 21.

How did the 'Mangar Gandhi versus Union of India' case expand the interpretation of Article 21?

The case led to a liberal interpretation of Article 21, expanding its scope to include various rights such as the right to speedy trial, right to medical aid, and right to privacy.

What are the rights provided to persons arrested under ordinary law according to Article 22 Clause 1 and 2?

The rights include being informed of the grounds of arrest, consulting and being represented by a lawyer, being produced before a magistrate within 24 hours, and not being detained beyond 24 hours without a magistrate's order.

What is the difference between arrest and preventive detention as per the script?

Arrest happens after the commission of an offense, while preventive detention happens before the commission of an offense to prevent a person from committing a crime.

What are the rights of a person detained under preventive detention according to Article 22 Clause 5?

The rights include being informed of the grounds for detention as soon as possible and having the earliest opportunity to make a representation against the order of detention.