Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:
Consider the passage given below and answer the following question.
When a person is arrested and charged with a crime, he/she is guaranteed by a variety of rights aimed at insuring that the legal proceedings which follow will be fair. The objective behind such exhaustive measures for the protection of the accused arises from the fact that human life is dignified and cannot be derogated in any manner. Although the person is accused of a crime but that doesn’t give any person the power to derogate human dignity and even then, his human rights prevail which entitle him to certain protections and rights. Two important articles with regards to the rights of the accused are Article 20 and Article 22.
Which of the following statement (s) is/are correct about Article 20 of our Constitution?
Options:
Article 20 provides for safeguards to persons who are accused of having committed crimes.
This article provides the human rights framework to the criminal justice system.
Article 20 prohibits application of laws retrospectively and prospectively.
All of the above
Correct Answer:
All of the above
Explanation:
Rights of persons accused of crimes: Article 20 provides for safeguards to persons who are accused of having committed crimes. This article provides the human rights framework to the criminal justice system. The rights of persons accused of crimes are - firstly, article 20 provides that no person can be convicted for the commission or omission of an act that does not amount to an offense by any law in force at the time of such act. Article 20 prohibits application of laws retrospectively and prospectively.
Secondly, article 20 provides that any person who is convicted of a crime should not receive a penalty greater than what is provided in the law in force at the time of the act of offence.
Thirdly, it provides for another important right “no person shall be prosecuted and punished for the same offence more than once.” This means that if someone commits an offence, that person should not be harassed and punished repetitively (more than once) for the same offence.