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Indian PolityMediumAsked in: CDS · CDS-II 2016, GK

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

  1. A.A confession can never be used as evidence against the accused.
  2. B.The accused must have violated an existing law.
  3. C.An accused cannot be tried and punished for the same offence again.
  4. D.The quantum of punishment must be provided in law as it existed on the date of commission of an offence.

Correct answer

A. A confession can never be used as evidence against the accused.

Explanation

The correct answer is A, A confession can never be used as evidence against the accused. Article 20(3) only bars compelling an accused to be a witness against himself; a confession made freely and lawfully can still be used as evidence.

Article 20 gives three protections to a person accused of an offence. First, under Article 20(1), no one can be convicted except for breaking a law in force when the act was done, and the punishment cannot be greater than the one that law provided; this bars ex post facto criminal laws. Second, Article 20(2) bars double jeopardy: no one can be prosecuted and punished for the same offence more than once. Third, Article 20(3) protects against self-incrimination. What it forbids is compulsion. A voluntary confession made before a magistrate, for example, is admissible, while one forced out of the accused is not.

Option B is a correct statement drawn from Article 20(1). Option C is correct because it states the rule against double jeopardy. Option D is correct because the punishment must be the one the law provided when the offence was committed.

Exam tip: Article 20 = no ex post facto law, no double jeopardy, no self-incrimination; it cannot be suspended even in an Emergency.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-I 2018, GKMedium

Which of the following statements about Attorney General of India is/are not correct? 1. He is the first Law Officer of the Government of India. 2. He is entitled to the privileges of a Member of the Parliament. 3. He is a whole-time counsel for the Government. 4. He must have the same qualifications as are required to be a judge of the Supreme Court. Select the correct answer using the code given below.

  1. A.1, 2 and 3
  2. B.2 and 4
  3. C.3 only
  4. D.1 only
Show answer
Correct answer: C. 3 only

The Attorney General is not a whole-time counsel of the Government; he is not barred from private legal practice, so statement 3 is the only incorrect one.

Q4.Indian PolityAsked in: CDS · CDS-II 2017, GKHard

Consider the following statements about the Scheduled Castes and the Scheduled Tribes under the provisions of the Constitution of India : 1. State can make any special provision relating to their admission to the Government educational institutions. 2. State can make any special provision relating to their admission to the private educational institutions aided by the State. 3. State can make any special provision relating to their admission to the private educational institutions not aided by the State. 4. State can make any special provision relating to their admission to the minority educational institutions as described in Article 30. Which of the statements given above are correct?

  1. A.1 and 2 only
  2. B.3 and 4 only
  3. C.1, 2 and 3 only
  4. D.1, 2, 3 and 4
Show answer
Correct answer: C. 1, 2 and 3 only

Article 15(5) lets the State make special provisions for the admission of SCs and STs to educational institutions, including private ones whether aided or not, but it expressly leaves out minority institutions under Article 30(1).

Q5.Indian PolityAsked in: CDS · CDS-II 2017, GKEasy

The President of India is elected by an Electoral College comprising of elected members of which of the following? 1. Both the Houses of the Parliament 2. The Legislative Assemblies of States 3. The Legislative Councils of States 4. The Legislative Assemblies of NCT of Delhi and Puducherry Select the correct answer using the code given below.

  1. A.1 and 2 only
  2. B.1, 2 and 3
  3. C.1, 2 and 4
  4. D.3 and 4
Show answer
Correct answer: C. 1, 2 and 4

Under Article 54, the President is elected by the elected members of both Houses of Parliament, the elected members of the State Legislative Assemblies and, since the 70th Amendment, the elected members of the Assemblies of Delhi and Puducherry.