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Discussion

In reference to Fundamental Right under Article 20, consider the following statements :

1. Protection under this right is available only to the citizens of India.
2. While criminal laws can be imposed retrospectively, civil laws cannot.
3. The protection against self-incrimination extends to both civil and criminal proceedings.

How many of the above statements is/are incorrect ?

  • A.Only one
  • B.Only two
  • C.All three
  • D.None of the above

Answer: C

All three statements are incorrect: All three.

Article 20 protects 'any person', so it is available to foreigners and to legal persons such as companies, not only to citizens (1).

It prohibits ex post facto criminal laws: no one can be convicted or given a greater penalty under a law made after the act. Civil laws, and even tax laws, can be made retrospective, so statement 2 states the rule backwards. The protection against self-incrimination applies only in criminal proceedings, to a person accused of an offence, and does not extend to civil proceedings (3).

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