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Which one of the following rights is not guaranteed as a fundamental right under the Constitution of India ?

  • A.No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
  • B.No person shall be prosecuted and punished for the same offence more than once.
  • C.No person accused of any offence shall be compelled to be a witness against himself.
  • D.No person accused of any offence shall be presumed guilty unless it is proved according to the procedure established by law.

Answer: D

The right not guaranteed is that no person accused of any offence shall be presumed guilty unless it is proved according to the procedure established by law.

The presumption of innocence is a basic principle of criminal law, applied by the courts and in the law of evidence, but it is not written into the Constitution as a fundamental right.

The other three are the protections of Article 20: no ex post facto conviction or heavier penalty (20(1)), no double jeopardy, being prosecuted and punished for the same offence more than once (20(2)), and no compulsion to be a witness against oneself (20(3)).

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