2021 · Q90
Which one of the following fundamental rights has not been provided to a person?
indian-polity-economyfundamental-rights-duties
- AProtection against prosecution and punishment for the same offence more than once
- BTo refuse to give his/her sample of handwriting as evidence to support a prosecution against him/her against
- CTo act as a witness himself/herself
- DRight not to be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence
Explanation
Article 20(3) protects a person from being compelled to be a witness against himself, but the Supreme Court in State of Bombay v. Kathi Kalu Oghad held that giving a handwriting specimen is mere identification, not testimony, so refusing to provide it is not a guaranteed fundamental right. Options A, C and D correctly reflect the protections under Articles 20(1), 20(3) and 20(2). Hence option B is the right not provided.