Question

Consider the following statements:
1. Article 20 of the constitution grants right against self-incrimination of the accused.
2. Use of narco analysis, brain-mapping by police is unconstitutional.
3. Article 22 of the constitution grants right against double jeopardy.
Which of the above statement(s) is/are correct?

• A. Only 1 and 2
• B. Only 1 and 3
• C. Only 3
• D. Only 2 and 3

Answer 1

The correct option is A Only 1 and 2

1. No ex-post-facto law: No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.
2. No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
3. No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
4. Article 20 (3) of the Constitution [No person accused of any offence shall be compelled to be a witness against himself] protects an individual's choice between speaking and remaining silent, irrespective of whether the subsequent testimony proves to be in-culpatory or exculpatory.According to an order of SC, use of narco analysis, brain-mapping by police violates article 20(c).