Article 20(1) – Retrospective penal law is prohibited.
- Article 20(1) -A law cannot change the punishment and make it greater and apply it to previous offences.
- Article 20(2) – Double Jeopardy – No person shall be prosecuted and punished for the same offence more than once.
o Proceedings must be before a court or judicial tribunal
o A person fined under Customs Act can still be prosecuted under FERA because custom authority is not a court or judicial tribunal.
- Protection against self-incrimination.
Nandini Satpati v P L Dhani
- The Supreme Court held that protection against self-incrimination under Article 20 extends to suspects also.
Selvi v. State of Maharashtra
- The court held that evidence procured through narco-analysis, polygraph. is not admissible in court.
- The only case not overruled so far which states that substantive due process is part of the basic structure.
You can grab notes on other provisions of the Constitution and other law subjects from here.
