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Q70 (CDS-II/2016) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

Result
Your answer: —  Â·  Correct: A
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. [1] https://mcrhrdi.gov.in/splfc2-2022/week10/PROTECTION%20IN%20RESPECT%20OF%20CONVICTION%20FOR%20OFFENCES.pdf
  2. [2] https://www.tnsja.tn.gov.in/article/ARC_us_164.pdf
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