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Difficulty: HardFundamental Rights, Directive Principles, and Fundamental Duties

With reference to the constitutional protections in respect of conviction for offences guaranteed under Article 20 of Part III of the Constitution of India, consider the following statements:

1. The protection against ex-post facto laws under Article 20(1) extends to both criminal legislation and civil or tax liabilities imposed retroactively.
2. The protection against double jeopardy under Article 20(2) can be claimed only before a court of law or judicial tribunal, and does not apply to departmental or administrative proceedings.
3. The privilege against self-incrimination under Article 20(3) covers only testimonial compulsion and does not prohibit compelling an accused to provide thumb impressions, specimen signatures, or blood samples.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. 2 and 3 onlyAnswer
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

The statements asserting that double jeopardy protection applies strictly to judicial proceedings (Statement 2) and that self-incrimination protection does not extend to physical or material evidence (Statement 3) are correct.
The option selecting statements 2 and 3 is correct because Article 20(2) immunity against double jeopardy is restricted solely to judicial prosecutions before courts/tribunals (excluding departmental inquiries), and Article 20(3) protection against self-incrimination applies strictly to testimonial evidence rather than physical samples or specimens.

Step-by-Step Solution

1
Evaluate Statement 1 regarding Ex-Post Facto Laws under Article 20(1)
Statement 1 is incorrect.
Article 20(1) prohibits retroactive criminal legislation (penal laws). It does not apply to civil liabilities or tax obligations, which can be enacted with retrospective effect.
2
Evaluate Statement 2 regarding Double Jeopardy under Article 20(2)
Statement 2 is correct.
Article 20(2) protects an individual from being prosecuted and punished more than once for the same offence before a court of law or judicial tribunal. Departmental, administrative, or disciplinary proceedings by non-judicial authorities are not considered judicial prosecutions.
3
Evaluate Statement 3 regarding Self-Incrimination under Article 20(3)
Statement 3 is correct.
As held in State of Bombay v. Kathi Kalu Oghad (1961), Article 20(3) protects against 'testimonial compulsion' (imparting personal knowledge orally or in writing). Giving thumb impressions, handwriting specimens, or blood samples constitutes physical/material evidence and is not covered under self-incrimination.

Key Concept

Constitutional safeguards against arbitrary conviction under Article 20 (Ex-post facto laws, Double Jeopardy, and Self-Incrimination)
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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