(1) No person shall be convicted of any offence

except for violation of a law in force at the time

Retrospective penalty
5 years imprisonment
of the commission of the Act charged as an
offence nor be subjected to penalty greater than
which have been inflicted under the law in force
at the time of the commission of the offence
Protection in respect of conviction
for offences (2) No person shall be prosecuted and punished
for the same offence more than once.
20 (1) Protection against ex post facto law
Drink and Drive
Case law (3) No person accused of any offence shall be
compelled to be a witness against himself.

Ex post facto law

Safeguards to a person accused of a Both substantive (1) and procedural parts (2) &
Double Jeopardy
crimes (only criminal offences) (3) Incorporates 3 prohibition:
Kedar Nath v State of West Bengal
Self incrimination
Case laws
Shiv Dutt Rai v UOI

act of accusing oneself of a crime for

which a person can then be prosecuted
Danger / loss
ARTICLE 20 Compulsion is a duress
No person shall be punished
Or prosecuted for the same offence Legal maxim - Nemo tenture prodere accussare
More than once seipsum – no man bound to accuse himself
Self Incrimination
objective - to avoid harassment, which must be it is a right pertaining to a person accused of an offence
caused for successive criminal proceedings,
where the person has committed only one crime. it is a protection against compulsion to be a witness
Double Jeopard Components

Prosecuted/punished it is a protection against such compulsion resulting in his

giving evidence against himself.
Before a court of law
or tribunals
Essentials
Be prosecuted / punished in
previous proceedings

Offence must be of the same