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Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?
1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.
2. These constitutional protections are available to both citizens as well as foreigners.
3. A civil liability or a tax can be imposed retrospectively.
Select the correct answer using the code given below.
1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.
2. These constitutional protections are available to both citizens as well as foreigners.
3. A civil liability or a tax can be imposed retrospectively.
Select the correct answer using the code given below.
- a)1 only
- b)2 and 3 only
- c)1 and 3 only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Which of the following is/are correct with reference to the protection...
• Protection in Respect of Conviction for Offences, under 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. Hence statement 2 is correct.
• It contains three provisions in that direction:
(i) 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.
(ii) No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
(iii) No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
• An ex-post-facto law is one that imposes penalties retrospectively (retroactively), 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. However, this limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, a civil liability or a tax can be imposed retrospectively. Hence statement 3 is correct.
• The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.
• The protection against self-incrimination extends to both oral evidence and documentary evidence. However, it does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) 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.
• However, in Selvi vs State of Karnataka , the Supreme Court held that it violates the basic human right of an individual as the forcible administration of advanced techniques such as narco analysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test amounts to cruelty and is an intrusion of mental privacy. The bench ruled that involuntary administration of the impugned techniques violates the standard of substantive due process as given under article 21(3). Hence statement 1 is not correct.
• It contains three provisions in that direction:
(i) 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.
(ii) No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
(iii) No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
• An ex-post-facto law is one that imposes penalties retrospectively (retroactively), 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. However, this limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, a civil liability or a tax can be imposed retrospectively. Hence statement 3 is correct.
• The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.
• The protection against self-incrimination extends to both oral evidence and documentary evidence. However, it does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) 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.
• However, in Selvi vs State of Karnataka , the Supreme Court held that it violates the basic human right of an individual as the forcible administration of advanced techniques such as narco analysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test amounts to cruelty and is an intrusion of mental privacy. The bench ruled that involuntary administration of the impugned techniques violates the standard of substantive due process as given under article 21(3). Hence statement 1 is not correct.
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Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?.
Solutions for Which of the following is/are correct with reference to the protections in respect of conviction for offenses provided under Part III of the constitution?1. A compulsory narco-analysis test does not violate the right to protection against self-incrimination.2. These constitutional protections are available to both citizens as well as foreigners.3. A civil liability or a tax can be imposed retrospectively.Select the correct answer using the code given below.a)1 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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