Q. Consider the following statements:
1.The Indian Constitution states that personal liberty should not be compromised except according to procedure established by law.
2.Self-incriminatory statements made by an accused to an investigating officer are admissible as evidence.
Which of the statement(s) given above is/are correct?
Explanation –
Statement 1 is correct. The Indian Constitution, under Article 21, states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This means that any restriction on personal liberty must follow a legal procedure that is established by law. The Indian Supreme Court has interpreted this to mean that the procedure must also be fair, just, and reasonable, thus aligning with the spirit of “due process” to some extent.
Statement 2 is incorrect. Article 20(3) of the Indian Constitution provides protection against self-incrimination, meaning that an accused cannot be compelled to be a witness against themselves. Therefore, self-incriminatory statements made under compulsion are generally not admissible as evidence.
Source: The Hindu
