20. Protection in respect of conviction for offences.

  • (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
  • (2) No person shall be prosecuted and punished for the same offence more than once.
  • (3) No person accused of any offence shall be compelled to be a witness against himself.

One Response to “20. Protection in respect of conviction for offences.”

  1. sathya says:

    1. Sir, kindly provide information, whether a judge (be it a district judge or an Hon’ble High Court Judge or an Hon’ble Supreme Court Judge) have the power to award more punishment (particularly imprisonment) than what is prescribed in law at force.

    2. If there is such a power, kindly provide information regarding the section(s) of the specific act or article(s) of the Indian constitution that confers such power to Judges.

    3. Latter part of Art 20(1) of Indian constitution clearly says ‘no greater penalty’.

    4. If a district judge intentionally awards more imprisonment than what is mentioned in law at force (for example, for an offence having a maximum imprisonment of 2.5 years, the judge awards 5 years), kindly provide information, whether the judge be legally punished for awarding excess punishment.

    5. Kindly provide information regarding the rules and sections of various laws through which legal action can be initiated against the judge who awards excess punishment.

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