Question

Q. With reference to Article 20 of the Indian Constitution, which of the following statements is/are correct?

Select the correct answer using the code given below:

• A. All of the above
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1 and 2 only

Answer 1

The correct option is B 2 and 3 only

Explanation:

• Statement 1 is incorrect: The provision of double jeopardy is limited only to judicial proceedings in front of the magistrate and does not cover inter-departmental proceedings related to the offence.
• Statement 2 is correct: The Indian Constitution provides immunity to an accused against self-incrimination under Article 20(3). It is based on the legal maxim “Nemo tenetur prodere accussare seipsum'' which means “no man is obliged to be a witness against himself.” However, the same is limited to criminal cases.
• Statement 3 is correct: An ex-post-facto law is one that imposes penalties retrospectively, that is, upon acts already done or which increases the penalties for such acts. The enactment of such a law is prohibited by the first provision of Article 20.