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) Protection against ex-post facto laws (no retrospective criminal laws), (2) Protection against double jeopardy (no punishment for the same offence more than once), and (3) Protection against self-incrimination.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Article 20 of the Constitution provides protection in respect of conviction for offences. Clause (3) specifically enshrines the right against self-incrimination, a cornerstone of criminal justice.

Step 2: Detailed Explanation:
The exact text of Article 20(3) is: "No person accused of any offence shall be compelled to be a witness against himself."
This means that an individual who is accused of a crime cannot be forced by the state to provide evidence or testimony that would incriminate them in that crime. This is also known as the privilege against self-incrimination.
- He is already "an accused".
- He can be compelled to be "a witness" in a case where he is not the accused.
- The prohibition is specifically against being compelled to be a witness against himself.

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