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प्रश्न
Legal Principle: Article 20(3) of the Constitution of India states that no person accused of any offense shall be compelled to be a witness against himself.
Fact Situation: Ubaid refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Ubaid is protected by Article 20(3) in his refusal to give a blood sample.
Ubaid is not protected by Article 20(3) as he was under the influence of alcohol.
Ubaid is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused of any offence yet.
Refusal to give a blood sample is a crime and Ubaid must be punished for the same.
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उत्तर
Ubaid is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused of any offense yet.
Explanation:
Central Government Act Article 20(3) in The Constitution of India 1949 states that no person accused of any offense shall be compelled to be a witness against himself. The above stated legal statement consists of the following three components:
1. It is a right pertaining to a person accused of an offense
2. It is a protection against compulsion to be a witness; and
3. It is a protection against such compulsion resulting in his giving evidence against himself. However, in the case presented before us first point itself is not fulfilled as Ubaid till now is just a suspect and not an accused. So this right under section20(3) cannot be exercised by him. Hence "Ubaid is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused of any offense yet" is most appropriate.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then:
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