The correct option is 1, 2 and 3.
Explanation
Article 20 of the Constitution of India provides protection in respect of conviction for offences. It grants three specific fundamental rights to an accused person-whether a citizen or a foreigner-to ensure a fair trial and prevent arbitrary punishment by the State.
Statement-wise Analysis:
- Statement 1 is Correct: Article 20(2) provides protection against Double Jeopardy. It mandates that no person shall be prosecuted and punished for the same offence more than once. This protection is available only in proceedings before a court of law or a judicial tribunal, not in departmental or administrative proceedings.
- Statement 2 is Correct: Article 20(1) prohibits Ex-post-facto laws in criminal matters. It stipulates that no person shall be convicted of any offence except for the violation of a law in force at the time of the commission of the act. Furthermore, a person cannot be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. This limitation applies only to criminal laws, not civil or tax laws.
- Statement 3 is Correct: Article 20(3) provides protection against Self-incrimination. It states that no person accused of any offence shall be compelled to be a witness against himself. This protection extends to both oral evidence and documentary evidence but does not cover the compulsory production of material objects, thumb impressions, or blood specimens.
Key Takeaway:
Article 20 acts as a shield against arbitrary and excessive punishment by the legislature and the executive, encompassing protections against retrospective criminal legislation (ex-post-facto), double punishment (double jeopardy), and forced testimony (self-incrimination).