Article 20 of CoI : Article 20: Protection in respect of conviction for offences.
CoI
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Explanation using Example
Example 1:
Scenario: Rajesh was accused of a crime in 2010, for which the maximum penalty was 5 years in prison. In 2022, the law was amended, and the penalty for the same crime was increased to 10 years in prison. Rajesh's trial is still ongoing in 2023.
Application of Article 20(1): Rajesh cannot be sentenced to more than 5 years in prison because the law at the time of the crime in 2010 prescribed a maximum penalty of 5 years. The increased penalty of 10 years, which came into effect in 2022, cannot be applied to Rajesh's case.
Example 2:
Scenario: Priya was tried and acquitted for theft in 2018. In 2021, new evidence surfaced, and the police want to prosecute her again for the same theft.
Application of Article 20(2): Priya cannot be prosecuted and punished again for the same theft for which she was already acquitted in 2018. This is because Article 20(2) protects individuals from being tried and punished more than once for the same offence.
Example 3:
Scenario: Sunil is accused of embezzlement. During the investigation, the police demand that Sunil testify against himself and provide evidence that could incriminate him.
Application of Article 20(3): Sunil cannot be compelled to be a witness against himself. He has the right to remain silent and cannot be forced to provide evidence or testimony that could be used to convict him of the embezzlement charges.