πŸ“Š Politics
Q. Which of the following statements is/are correct regarding Article 20 (Protection in respect of conviction of offenses)?
1. No ex-post-facto law shall be enacted whether in civil or criminal matters.
2. Protection against self-incrimination covers protection against giving thumb impressions and blood specimens.
3. In case of corruption charges against a public servant, either the court or department should take action to avoid double jeopardy.
Select the correct answer using the code given below.
  • (A) 1 and 2 only
  • (B) 1 and 3 only
  • (C) 3 only
  • (D) None
βœ… Correct Answer: (D) None

Explanation: • Statement 1 is not correct: This limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, civil liability or a tax can be imposed retrospectively.

• Statement 2 is not correct: Protection against self-incrimination 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.

• Statement 3 is not correct: 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.

Explanation by: Indresh Gehalot
• Statement 1 is not correct: This limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, civil liability or a tax can be imposed retrospectively.

• Statement 2 is not correct: Protection against self-incrimination 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.

• Statement 3 is not correct: 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.

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