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Political Science · Ch 2 — Rights in the Indian Constitution

Rights of accused

2.4

Rights of accused

Articles 20 and 22 give a person accused of a crime, or arrested and detained,

a specific set of protections against arbitrary state power. Article 20 lays down three separate

safeguards: a person cannot be convicted of an offence except for violating a law that was already

in force at the time the act was committed (no punishment under a law passed after the act, i.e. no

ex post facto punishment); a person cannot be prosecuted and punished for the same offence more than

once (protection against double jeopardy); and a person accused of an offence cannot be compelled to

be a witness against themselves (protection against self-incrimination).

Portrait of Constituent Assembly member Somnath Lahiri, who criticised the fundamental rights as framed from the point of view of a police constable, with restrictive provisos
Portrait of Constituent Assembly member Somnath Lahiri, who criticised the fundamental rights as framed from the point of view of a police constable, with restrictive provisos

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Portrait of Constituent Assembly member Somnath Lahiri, who criticised the fundamental rights as framed from the point of view of a police constable, with restrictive provisos Own-illustrated for this platform from the real NCERT page's own facts (composition, labels, and content are recreated; the specific artistic rendering of any real p …

Article 22 adds procedural protections at the moment of arrest: a person who is arrested has the

right to be informed of the grounds of the arrest, the right to consult and be defended by a lawyer

of their choice, and the right to be produced before the nearest magistrate within twenty-four hours …