Q. According to the Article 20 of Part III of the Indian Constitution, which of the following statements is/ are correct regarding the right of ‘protection against self-incrimination’?
1. It provides that a person accused of any offence shall not be compelled to be a witness against himself.
2. It extends only to the civil proceedings and not to the criminal proceedings.
3. It provides that an accused cannot be compelled to submit his thumb impression or blood specimen.
How many of the above given statements is/ are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: According to Article 20, No person accused of any offence shall be compelled to be a witness against himself. An individual cannot be compelled to be a witness in his own case by giving oral or written evidence. The Code of Criminal Procedure also gives the defendant the right to remain silent.
Statement 2 is incorrect: The right against self-incrimination is available only during criminal proceedings and not during civil proceedings or the proceedings which are not criminal in nature.
Statement 3 is incorrect: The protection under Article 20 does not extend to: 1. Compulsory production of material objects 2. Compulsion to give blood specimen, thumb impression, specimen signature. 3. Compulsory exhibition of body
| Important Tips Article 20 of the Part III of the Indian Constitution deals with ‘Protection in Respect of Conviction for Offences’. The Article covers three rights- • No ex-post-facto law: According to this, a person shall be convicted of any offence, except for the violation of a law in force during the commission of an offence. It also provides that no penalty can be levied which is greater than the one prescribed under the law in force at the time of commission of the offence • No double jeopardy: A person cannot be punished/ penalized more than once for the same offence • No self-incrimination: A person cannot be compelled to be a witness against himself. |
