how does the right to freedom give protection to citizens in respect of conviction for offences? Explain
Answers
'Protection in respect of conviction' for offences means no 'person is convicted' of any offence except for a 'breach of the law' which was in force at the time the 'law was commissioned', and no person is 'subjected to a penalty' greater than what was in 'effect in the law' at that time when the offense was commissioned.
EXPLANATION:
In order to ensure that individual rights, which are considered vital to the 'framers of the constitution', are enshrined in the 'Constitution of India' under 'Articles 19, 20, 21 A and 22[13]'. It is a set of four main rules. 'Article 20(1) provides': "No person is convicted of a breach or penalty worse than that which might have been imposed by the law in force at the time of the commission of a crime, except for a law violation in force on the 'commission of the act charged of the offence'.
The first of clause (1) states that' no person shall, at the time of commission of the offense, be found guilty of an offense except for the breach of the' law in effect.' If an act is not an offense on the date of its commission it can therefore not be an offense on the day following its commission. The second part of clause (1) covers an offender as a ' penalty greater than the penalty that he or she could have had at the time of the crime. For example: If a person of' A' committed a crime in 1947, as per the act in that year the punishment was imprisonment of fine or both the same act was amended in 1949 that enhanced the punishment of the same offence by as additional fine.. In this case, the enhanced penalty would not be applicable to the 1947 act.