CAPF AC 2021 PYQ-POLITY

Which one of the following fundamental rights has not been provided to a person?

(a) Protection against prosecution and punishment for the same offence more than once

(b) To refuse to give his/her sample of handwriting as evidence to support a pro execution against his/her

(c) To act as, a witness against himself/herself

(d) Right not to be convicted of any offence except for violation of a law in force to the time of commission of the act charged an offence

Answer: C

Constitutional Provisions:

Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.

It contains three provisions in that direction:It contains provisions related to No ex-post-facto law, No double jeopardy, No self-incrimination.

No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.

• The protection against self-incrimination extends to both oral evidence and documentary evidence.
• However, it does not extend to
  • compulsory production of material objects,
  • compulsion to give thumb impression, specimen signature, blood specimens, and
  • compulsory exhibition of the body.
  • Further, it extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature.

 

 

No ex-post-facto law:

• No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act, nor subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.
• However, this limitation is imposed only on criminal laws and not on civil laws or tax laws.Also, this provision cannot be claimed in case of preventive detention or demanding security from a person.

No double jeopardy: 

• No person shall be prosecuted and punished for the same offence more than once.