Question

Clause (3) of Article 20 of the Indian Constitution says that no accused person shall be compelled to be

• A. An accused
• B. A witness
• C. A witness against himself
• D. Hostile witness

Hint:

Remember the three protections under Article 20: (1) No retrospective criminal law, (2) No double punishment, and (3) No self-incrimination. The Latin maxim for (3) is Nemo tenetur seipsum accusare.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the content of Article 20(3) of the Indian Constitution, which provides protection against self-incrimination.

Step 2: Detailed Explanation:
Article 20 of the Constitution provides protection in respect of conviction for offences. It has three clauses:
- Article 20(1): Protection against ex-post facto laws.
- Article 20(2): Protection against double jeopardy.
- Article 20(3): Protection against self-incrimination.
The text of Article 20(3) reads: "No person accused of any offence shall be compelled to be a witness against himself."
This means that an accused person cannot be forced to give any statement or evidence that would incriminate them or expose them to a criminal charge.
- Option (A) is nonsensical.
- Option (B) is incomplete; an accused can be a witness for the defense voluntarily.
- Option (D) relates to a witness who turns against the party that called them, which is a different concept.
- Option (C) is the precise wording and meaning of the constitutional protection.

Step 3: Final Answer:
Article 20(3) states that no accused person shall be compelled to be a witness against himself.