Railway · Defence
Protection in respect of conviction for offences, including protection against ex post facto laws, double jeopardy and self-incrimination, is provided by:
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Answer: Option D — Article 20
Detailed Solution
Article 20 provides protection in respect of conviction for offences, to every person, whether a citizen or a foreigner.
Three protections under Article 20:
No ex post facto (retrospective) criminal law: 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, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at that time.
No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself or herself.
Explanation of the protections:
- Ex post facto law: A law that makes an act a crime after it has been committed, or increases the punishment retrospectively; this protection applies only to criminal laws, not to civil or tax laws.
- Double jeopardy: The protection applies only to proceedings before a court or judicial tribunal, not to departmental or administrative proceedings.
- Self-incrimination: It protects an accused person from being forced to give evidence or statements against himself or herself; but taking fingerprints, photographs or blood samples is generally allowed.
Selvi v. State of Karnataka (2010):
The Supreme Court held that the forced use of narco-analysis, polygraph (lie-detector) and brain-mapping tests violates the protection against self-incrimination and the right to personal liberty.
Importance during emergencies:
After the 44th Amendment (1978), the rights under Article 20 (and the right to life and personal liberty) cannot be suspended even during a national emergency.
Why not the other options?
- ✗Article 19 deals with the six freedoms; Article 22 with protection against arrest and detention; Article 23 with the prohibition of human trafficking and forced labour.
Quick tip
Remember: Article 20 = protection in respect of conviction for offences (no ex post facto law, no double jeopardy, no self-incrimination); cannot be suspended during an emergency.
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Fundamental Rights — Preparation
This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.