Q. Consider the following statements:
1.Article 20(3) of the Indian Constitution prohibits compelling an accused to be a witness against themselves.
2.The right to remain silent ceases to apply once a person is formally accused of an offence.
Which of the statement(s) given above is/are correct?
Answer: A
Notes:
Explanation –
Statement 1 is correct. Article 20(3) provides protection against self-incrimination, stating that no person accused of an offence shall be compelled to be a witness against themselves.
Statement 2 is incorrect. The right to remain silent, as protected under Article 20(3), applies specifically to individuals who have been formally accused of an offence. This protection is available from the point of formal accusation and continues throughout the legal proceedings, including during police interrogation and trial.
Source: The Hindu
