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Art 20-22

Art 20-22

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Published by vipulgrover

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Published by: vipulgrover on Aug 06, 2011
Copyright:Attribution Non-commercial


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Art 20-22Protection in Respect of Conviction for Offences
Article 20 grants protection against arbitrary andexcessive punishment to an accused person, whether citizen or foreigner or legal person like a company or acorporation. It contains three provisions in that direction:
law: No person shall be (i) convicted of any offence except for violation of alaw in force at the time of the commission of the act, nor (ii) subjected to a penalty greaterthan that prescribed by the law in force at the time of the commission of the act.However, this limitation is imposed only on criminal laws and not on civil laws or tax laws.(b)No double jeopardy: No person shall be prosecuted and punished for the same offence morethan once.(c)No self-incrimination: No person accused of any offence shall be compelled to be a witnessagainst himself. This protection extends to both oral evidence and documentary evidence.However, it does not extend to (i) compulsory production of material objects, (ii) compulsion togive thumb impression, specimen signature, blood specimens, and (iii) compulsory exhibition of the body. Further, it extends only to criminal proceedings and not to civil proceedings orproceedings which are not of criminal nature.
Protection of Life and Personal Liberty
Article 21 declares that no person shall be deprived of his life orpersonal liberty except according to procedure established by law. This right is available to both citizens andnon-citizens.In the famous
case (1950), the Supreme Court has taken a narrow interpretation of the Article 21.
It held that the protection under Article 21 is available only against arbitrary executive actionand not from arbitrary legislative action.
Moreover, the Supreme Court held that the 'personal liberty' means only liberty relating to theperson or body of the individual.But, in
case (1978), the Supreme Court overruled its judgement in the
case by taking a widerinterpretation of the Article 21.
Therefore, it ruled that the right to life and personal liberty of a person can be deprived by alaw provided the procedure prescribed by that law is reasonable, fair and just. In other words,it has introduced the American expression 'due process of law'. In effect, the protection underArticle 21 should be available not only against arbitrary executive action but also againstarbitrary legislative action.
Further, the court ruled that the expression 'personal liberty' is of widest amplitude and itcovers a variety of rights that go to constitute the personal liberty of man. It held that the'right to live' is not merely confined to physical existence but it includes within its ambit theright to live with human dignity and all that goes along with it.
The Supreme Court has reaffirmed its judgement in the
case in the subsequent cases. It has declaredthe following rights as part of Article 21:a)Right to live with human dignity.
Right to decent environment including pollution free water and air and protection againsthazardous industries.c)Right to livelihood.d)Right to privacy.e)Right to shelter.f)Right to health.g)Right to free education up to 14 years of age.h)Right to free legal aid.i)Right against solitary confinement. j)Right to speedy trial.k)Right against handcuffing.l)Right against inhuman treatment.m)Right against delayed execution.n)Right to travel abroad.
Right against bonded labour.p)Right against custodial harassment.q)Right to emergency medical aid.
Right to timely medical treatment in government hospital.s)Right not to be driven out of a state.t)Right to fair trial.
Protection Against Arrest and Detention
Article 22 grants protection to persons who are arrested ordetained. Detention is of two types, namely - punitive and preventive.
Punitive detention is to punish a person for an offence committed by him after trial andconviction in a court.
Preventive detention,
on the other hand, means detention of a person without trial andconviction by a court. Its purpose is not to punish a person for a past offence but to preventhim from committing an offence in the near future. Thus, preventive detention is only aprecautionary measure and based on suspicion.The Article 22 has two parts –1.The first part of Article 22 confers the following rights on a person who is arrested or detainedunder an ordinary law:a.Right to be informed of the grounds of arrest,b.Right to consult and be defended by a legal practitioner.
Right to be produced before a magistrate within 24 hours, excluding the journey time.
Right to be released after 24 hours unless the magistrate authorises further detention.These safeguards are not available to an alien or a person arrested or detained under a preventivedetention law.

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