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Rule of Law

Consider the ...

Question

Consider the following statements:
1. The Article 20 of the Constitution of India lays down that no person shall be deprived of his life and personal liberty except according to procedure established by law.
2. The Article 21 of the Constitution of India states that no person can be convicted for any offence except for the violation of law in force at the time of the commission of the act charged as an offence.
Which of these statements is/are correct?

A

1 only

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B

2 only

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C

Both 1 and 2

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D

Neither 1 nor 2

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Solution

The correct option is D Neither 1 nor 2
Article 20 talks about protection in respect of conviction of offences. It says that" No person shall be convicted of any offence except for violation of law in force at the time when such act is committed not should be subject to a penalty greater than that prescribed under the law when the act is committed. It further talks about the rule of double jeopardy and self-incrimination. Article 21 declares that No person shall be deprived of his life or personal liberty except according to the procedure established by law.

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Q. Article 20 states that no person shall be deprived of their life or personal liberty except according to procedures established by the law.

Q. The Constitution says that no person can be deprived of his life or personal liberty except according to established law. What does it mean?

Q. LEGAL PRINCIPLE: No person shall 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, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time commission of the offence.
FACTUAL SITUATION: A boy of 16 years was convicted of house trepass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it?
DECISION will be ______.

Q. Which of the following statements are true for the Fundamental Right to Life and Personal Liberty as guaranteed under Article 21 of the Constitution of India?
1. The Right is available to citizens as well as aliens.
2. It covers protection against arbitrary executive and legislative action.
3. It includes the right to live with human dignity.
4. It can be taken away according to the procedure established by law.
Select the correct answer using the code given below.

Q.  Consider the following statements:

1. No law can have retrospective effect under Article 20(1) of the Indian Constitution
2.No person shall be prosecuted and punished for the same offence more than once.

Which of the statements given above is/are correct?

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