Question

Which Article of the Indian Constitution deals with the "Right against self-incrimination"?

• A. Article 20 (1)
• B. Article 20 (3)
• C. Article 20 (2)
• D. Article 20

Hint:

In the context of constitutional law, it's important to remember which articles deal with fundamental rights and their protections, such as Article 20 for protection against self-incrimination.

Answer 1

The Correct Option is B

Article 20 (3) of the Indian Constitution guarantees protection against self-incrimination. It provides that no person accused of an offense shall be compelled to be a witness against himself, which upholds the principle of "Right against Self-incrimination." This provision ensures that individuals cannot be forced to testify or confess against themselves.

Answer 2

The provision of the Indian Constitution that deals with the "Right against self-incrimination" is Article 20(3).

Text of Article 20(3):
"No person accused of any offence shall be compelled to be a witness against himself."

Meaning and Scope:
Article 20(3) provides a fundamental protection to individuals accused of a crime. It ensures that no accused person can be forced to testify or give evidence that may be used against them in a criminal trial. This is a core principle of a fair legal system and aligns with the broader concept of protection against arbitrary actions by the state.

Key Elements:
1. Applies only to accused persons: The protection is available only after a person is formally accused of an offence.
2. Compulsion is prohibited: The person cannot be forced to give testimony or make a statement that is self-incriminating.
3. Legal proceedings must be criminal in nature: The protection does not apply to civil or administrative inquiries.

Landmark Judgment:
In Nandini Satpathy v. P.L. Dani, the Supreme Court expanded the scope of Article 20(3), ruling that it includes the right to remain silent during police interrogation and not just in court proceedings.

Objective:
This provision upholds the principle of a fair trial and due process, ensuring that individuals are not coerced into self-incrimination by the police or any other investigating authority.

Conclusion:
The Right against self-incrimination is a vital safeguard under Article 20(3) of the Indian Constitution and plays a critical role in protecting the rights of the accused in criminal proceedings.

Therefore, the correct answer is: Article 20(3).