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Double jeopardy

2021 JAN 3

Preliminary   > Constitution   >   Miscellaneous   >   Fundamental rights

What is double jeopardy?

  • It is a right available to a person in case of conviction for offences. It is mentioned in Article 20 of the Constitution.
    • It gives people Immunity from Double Punishment (or No Double Jeopardy) : Clause (2) of the Article 20 mandates that a person cannot be prosecuted or punished twice for the same offence

About Article 20 of the Constitution:

  • This Article deals with protection of certain rights in case of conviction for offences. Other provisions in the act are:-
    • Ex Post Facto Legislation: The clause (1) of Article 20 protects individuals against ex post facto legislation, which means no individual can be convicted for actions that were committed before the enactment of the law.
    • Immunity from self-incrimination: Article 20(3) of the constitution states that the accused can never be compelled to be a witness against himself. In short, no individual can be forced to accuse himself. This protection extends to both oral evidence and documentary evidence.

Exceptions:

  • Clause (1) of article 20 (Ex Post Facto Law) is applicable only on criminal laws and not on civil laws or tax laws
    • In other words, a civil liability or a tax can be imposed retrospectively.
    • Protection under this provision cannot be claimed in case of preventive detention.
  • The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal.
    • In other words, it is not available in proceedings before departmental or administrative authorities.
  • The protection against self-incrimination does not extend to compulsory production of material objects and compulsory exhibition of the body.
    • Moreover this protection extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature

Prelims Question

Consider the following statements:
1.Article 20 provides protection against retrospective tax penalties.
2.Article 22 provides protections in case of arrests for citizens only.
Which among the above statements is/are correct?
(a)1 only 
(b)2 only 
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question