Q. Consider the following statements:
1.Article 20 (3) of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself.
2.A confession made under fear of harsher punishment from police is considered invalid under Article 20(3).
Which of the statement(s) given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C
Notes:

Explanation –

Statements 1 and 2 are correct. Article 20(3) of the Indian Constitution protects individuals accused of an offense from self-incrimination by stating that no person shall be compelled to be a witness against themselves. This protection extends to both oral testimony and the production of incriminating documents or materials. A confession made under fear of harsher punishment from police is considered invalid under Article 20(3). This aligns with the landmark decision in Nandini Satpathy vs P.L. Dani. The Supreme Court expanded the understanding of Article 20(3) to cover not only physical threats but also psychological pressure and intimidation. A confession made under fear of receiving harsher punishment directly violates this right and would be considered inadmissible in court.

Source: The Hindu

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