Thursday, 19 December 2024

Constitution of Bharat: Article 20: Part 8

 Certainly! Here are some notable judgments from Indian High Courts on Article 20 of the Indian Constitution before the Emergency period:

  1. State of Rajasthan v. Mohan Lal (1954): The Rajasthan High Court held that the principle of double jeopardy under Article 20(2) applies only to criminal proceedings and not to civil proceedings. This case clarified the scope of protection against double jeopardy.

  2. State of Maharashtra v. Prafulla Chandra Mishra (1967): The Bombay High Court ruled that the principle of self-incrimination under Article 20(3) does not extend to the collection of documents or evidence that may be incriminating in nature. The court held that the accused cannot refuse to produce documents on the grounds of self-incrimination.

  3. State of Gujarat v. Ramanlal K. Patel (1967): The Gujarat High Court held that the principle of ex-post facto laws under Article 20(1) applies only to criminal laws and not to civil laws. This case distinguished between criminal and civil liabilities in the context of retrospective application of laws.

  4. State of Andhra Pradesh v. P. Venkata Reddy (1963): The Andhra Pradesh High Court ruled that the principle of double jeopardy under Article 20(2) does not apply to cases where the same act constitutes multiple offenses under different statutes. The court held that each offense is distinct and can be separately prosecuted.

These cases illustrate the High Courts' interpretations and applications of Article 20 in various contexts. 

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Constitution of Bharat: Article 23: Part 9

Here are 20 landmark judgments of the Supreme Court and High Courts from 1947 to 1975 related to Article 23 of the Constitution of India: - ...