2016 · Q70
Which one of the following statements is not correct with respect to protection of individuals being tried for offences?
General KnowledgeIndian Polity and Governance
- AA confession can never be used as evidence against the accused.
- BThe accused must have violated an existing law.
- CAn accused cannot be tried and punished for the same offence again.
- DThe quantum of punishment must be provided in law as it existed on the date of commission of an offence.
Explanation
Statement (a) is not correct: Article 20(3) protects against compelled self-incrimination, but a confession made voluntarily — e.g., recorded by a magistrate — is admissible as evidence against the accused. Statements (b), (c) and (d) correctly state the protections against ex post facto laws, double jeopardy, and punishment beyond what the law prescribed when the offence was committed.