Question map
Which one of the following statements is not correct with respect to protection of individuals being tried for offences?
Explanation
Article 20 of the Indian Constitution provides three fundamental protections to individuals accused of crimes. Article 20(1) ensures that no person is convicted except for the violation of a law in force at the time of the act and prohibits penalties greater than what the law prescribed at that time [1]. Article 20(2) protects against double jeopardy, stating no person shall be prosecuted and punished for the same offence more than once [1]. Article 20(3) prohibits self-incrimination, stating an accused cannot be compelled to be a witness against themselves [1]. While Article 20(3) and the Indian Evidence Act prohibit 'compelled' or 'involuntary' confessions, a voluntary confession made before a Magistrate under Section 164 CrPC is admissible as evidence [2]. Therefore, the statement that a confession can 'never' be used as evidence is incorrect, as voluntary confessions are legally valid.
Sources
- [1] https://mcrhrdi.gov.in/splfc2-2022/week10/PROTECTION%20IN%20RESPECT%20OF%20CONVICTION%20FOR%20OFFENCES.pdf
- [2] https://www.tnsja.tn.gov.in/article/ARC_us_164.pdf