Question map
Which one of the following Articles of the Constitution of India protects a person against double jeopardy?
Explanation
Article 20 of the Constitution of India provides essential safeguards to individuals in respect of conviction for offences. Specifically, Article 20(2) enshrines the doctrine of double jeopardy, stating that "no person shall be prosecuted and punished for the same offence more than once" [2]. This protection is based on the common law maxim 'nemo debet bis vexari', ensuring that an individual is not subjected to multiple trials or punishments for a single criminal act [1]. While Article 20(1) prohibits ex post facto laws and Article 20(3) protects against self-incrimination, clause (2) is dedicated to preventing repeated prosecution [1]. In contrast, Article 21 relates to the right to life and personal liberty, Article 22 provides protection against arrest and detention, and Article 23 prohibits forced labour and human trafficking. Therefore, Article 20 is the specific provision protecting against double jeopardy.
Sources
- [1] https://mcrhrdi.gov.in/splfc2-2022/week10/PROTECTION%20IN%20RESPECT%20OF%20CONVICTION%20FOR%20OFFENCES.pdf
- [2] https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf