Which of the following is not a part of the Article 20 of the Constitution of India?
- (a)Prohibition Against Torture
- (b)Prohibition against Self Incrimination
- (c)Ex-post Facto Law
- (d)Double Jeopardy Clause
Correct — A, Prohibition Against Torture. Article 20 ('Protection in respect of conviction for offences') contains exactly three guarantees: no ex-post-facto law [20(1)], protection against double jeopardy [20(2)], and protection against self-incrimination [20(3)]. 'Prohibition against torture' is NOT among them — protection against custodial torture has been read into Article 21 (right to life and personal liberty) by the Supreme Court and flows from human-rights instruments like the UN Convention Against Torture, not from Article 20. So the option that is NOT part of Article 20 is (a).
- (b)Prohibition against Self Incrimination — This IS Article 20(3) — no person accused of an offence may be compelled to be a witness against himself. So it is part of Article 20, hence not the answer to a 'not a part of' question.
- (c)Ex-post Facto Law — Article 20(1) bars conviction under a retrospective criminal law and a penalty greater than that in force at the time — this IS part of Article 20, so not the answer.
- (d)Double Jeopardy Clause — Article 20(2) bars a person being prosecuted and punished for the same offence more than once — this IS part of Article 20, so not the answer.
Article 20 is a Fundamental Right protecting a person against arbitrary/excessive punishment. Its three clauses are: 20(1) no ex-post-facto criminal law, 20(2) no double jeopardy, and 20(3) no self-incrimination. Along with Article 21, it cannot be suspended even during a National Emergency (44th Amendment, 1978). Protection from torture is not written here — it is derived from Article 21.
The trap is that 'prohibition against torture' sounds like a criminal-justice safeguard, so it feels at home in Article 20. But Article 20 is specifically about conviction for offences (retrospective law, double jeopardy, self-incrimination); torture protection is an Article 21 / human-rights matter.
- Article 20(1): protection against ex-post-facto laws (criminal law only).
- Article 20(2): double jeopardy — no prosecution and punishment for the same offence twice.
- Article 20(3): self-incrimination — no accused compelled to be a witness against himself.
- Articles 20 and 21 cannot be suspended even during a National Emergency (44th Amendment, 1978).
Torture protection lies in Article 21, not Article 20 — so it is the odd one out.
- Assuming protection against torture is in Article 20 — it is derived from Article 21.
- Thinking the ex-post-facto bar applies to civil/tax laws — it applies only to criminal law.
'Which is / is not covered by Article 20', or matching clauses 20(1)/(2)/(3) to ex-post-facto law / double jeopardy / self-incrimination.
No directly related past PYQ was found.
- practice — not a real PYQ
Protection against 'double jeopardy' is provided under which Article of the Constitution?
- (a)Article 19
- (b)Article 20
- (c)Article 21
- (d)Article 22
Answer(b) Article 20 — specifically Article 20(2).
- practice — not a real PYQ
The rule that no person accused of an offence shall be compelled to be a witness against himself is contained in:
- (a)Article 20(1)
- (b)Article 20(2)
- (c)Article 20(3)
- (d)Article 21
Answer(c) Article 20(3) — the protection against self-incrimination.