Under which Article of the Constitution of India, no person can be compelled to be a witness against himself?

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CRPF Constable Technical Tradesman Official Paper (Held On: 01 July, 2023 Shift 2)
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  1. Article 19
  2. Article 20
  3. Article 21
  4. Article 18

Answer (Detailed Solution Below)

Option 2 : Article 20
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Detailed Solution

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The correct answer is Article 20.

Key Points

  • Article 20(3) of the Indian Constitution specifically provides that no person accused of any offence shall be compelled to be a witness against himself.
  • This is a fundamental right aimed at protecting individuals against self-incrimination.
  • The right under Article 20(3) is available only to persons accused of an offence and not to witnesses or others involved in legal proceedings.
  • This provision ensures the protection of personal liberty and dignity, preventing coerced confessions.
  • The scope of Article 20(3) has been elaborated through various judgments by the Supreme Court of India.

Additional Information

  • Article 20
    • Article 20 of the Indian Constitution deals with protection in respect of conviction for offences.
    • It includes three clauses: protection against ex-post facto laws, protection against double jeopardy, and protection against self-incrimination.
  • Ex-post facto laws
    • Article 20(1) prohibits the enactment of ex-post facto laws, which means laws that impose penalties retroactively.
  • Double jeopardy
    • Article 20(2) ensures that no person shall be prosecuted and punished for the same offence more than once.
  • Self-incrimination
    • Article 20(3) specifically protects individuals from being compelled to testify against themselves, ensuring fair treatment under the law.

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