Article 20 of the Indian Constitution | Indian Constitution in Hindi
Hello Friends, Welcome to Finology Legal!
Todays Video is About Article 20 of the Indian Constitution. While drafting Article 20, our Constitutional Advisor B.N. Rao rightly pointed out that in every progressive country’s Constitution one can find these 3 Protections:
Protection from Ex post facto laws
Protection from Double Jeopardy
Protection from Self-Incrimination
In our Indian Constitution we can find these 3 Protections under Article 20 of the Indian Constitution, which safeguards the rights of the person who is accused of an offence.
Article 20(1) : Protection form Ex-Post Facto laws - It says that Article 20(1) prohibits the legislature from enacting retrospective CRIMINAL Laws. A person should be prosecuted as per those laws that were in force when he committed the offence - Kedar Nath v. State of West Bengal. However, if a Retrospective law has a positive effect on the person accused of an offence - example reduction in punishment - in that case Article 20(1) will not bar such a law. Such law can be exercised and be prevailed.
Article 20(2) - Protection from Double Jeopardy - No man should be put in Peril Twice for the same offence - No man should be Prosecuted and Punished twice for the same offence. So if anyone who has been charged of an offence has been prosecuted and punished by a judicial Authority - then, he cannot be punished for the same offence again. - Maqbool Hussain v. State of Bombay
Article 20(3) - Protection from Self-Incrimination - It simply says that, No man should be bound to accuse himself. So, a person can refuse to submit evidence or be a witness when those statements will be used against him only. No person should be compelled to give Self-harming statements.
Nandini Satpathy v. P.L. Dani
State of Bombay v. Kathi Kalu Oghad
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3 жыл бұрын
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3 жыл бұрын
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11 ай бұрын
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4 жыл бұрын
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2 жыл бұрын
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2 жыл бұрын
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5 жыл бұрын
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5 жыл бұрын
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5 жыл бұрын
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5 жыл бұрын
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5 жыл бұрын
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4 жыл бұрын
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4 жыл бұрын
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3 жыл бұрын
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5 жыл бұрын
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5 жыл бұрын
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2 жыл бұрын
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3 жыл бұрын
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5 жыл бұрын
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