Examveda

Consider the following statements:
In view of Article 20(3) of the Constitution of India, no person accused of an offence can be compelled to
1. Give his signature or thumb impression for identification
2. Give oral testimony either in or out of the court.
Which of the statements given above is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Answer: Option B


This Question Belongs to Law >> Constitution Of India

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Comments (1)

  1. Spandan Choudhary
    Spandan Choudhary:
    1 year ago

    The Indian Constitution provides immunity to ar
    accused against self-incrimination under Article
    20(3) - 'No person accused of an offence shall
    be compelled to be a witness against himself'. It
    is based on the legal maxim "nemo teneteur
    prodre accussare seipsum", which means "No
    man is obliged to be a witness against himself.

    The Supreme Court widened the scope of this
    immunity by interpreting the word 'witness' to
    include oral as well as documentary evidence
    so that no person can be compelled to be a
    witness to support a prosecution against
    himself. This prohibition cannot be applied in
    cases where an object or document is searched
    or seized from the possession of the accused

    For the same reason, the clause does not bar
    the medical examination of the accused or the
    obtaining of thumb-impression or specimen
    signature from him. This immunity is available
    only against criminal proceedings. The Supreme
    Court has made it clear that in order to claim
    this immunity from being compelled to make a
    self-incriminating statement, it is necessary that
    a formal accusation must have been made
    against the person at the time of interrogation
    e cannot claim the immunity at some general
    nquiry or investigation on the ground that his statement may at a later stage lead to an accusation.

    The compulsory administration of the narco-analysis technique amounts totestimonial compulsion' and thereby triggers protection of Article 20(3) of the
    the Constitution.

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