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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?
पर्याय
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 Parliament enacts a legislation prohibiting strikes by trade unions of employees engaged in pharmaceutical industry, then:
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. Decide which of the following propositions can be most reasonably inferred through the application of the stated legal rules to the facts of this case:
As per Indian Protocol, who among the following ranks highest in the order of precedence?
What does FIR stand for under the Criminal Law?
Mark the best option:
The Indian constitution was adopted by the Constituent Assembly on
Constitution of India came into effect from?
Mark the best option:
Principles:
- Article 19(1)(a) of the Constitution guarantees to all citizens the right to 'freedom of speech and expression'.
- This freedom includes the right to express one's views and opinions on any issue through any medium, e.g., by word of mouth, writing, printing picture, Rim, movie, etc.
- Reasonable restrictions may be imposed by the State on this freedom, 'in the interests of the security of the State, friendly relations with foreign States, public order, decency, morality, sovereignty and integrity of India, or 'in relation to contempt of court, defamation or incitement to an offense'
- While the Apex court has justified pre-censorship of a film because it caters to a mass audience, it has held that if the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be suppressed on account of threat of demonstration or threats of violence.
- There is a difference between 'public order' and 'public tranquility', in that such acts as disturbing only the serenity of others may not fall within the term 'public order'.
Facts: Schoen Frederick Muller is an eminent businessman of German origin. He is known to have a fascination for showbusiness. He has recently produced a film on how a group of four detectives from different parts of the world unearths a conspiracy to assassinate a leader at the United Nations, and one of them turns out to be an accomplice in the plan. The film was awarded as the 'Best Motion Picture (Fiction)' in the Berlin Film Festival. The film is taken for exhibition in India by Spread the Word, an agency headed by Ritesh Zakaria, an Indian citizen.
Facts: Ritesh Zakaria wanted to promote the film. As part of one of the publicity campaigns, a three-hour function was organized in a neighborhood park, targeting a larger class of audience. He personally came to promote the film and started talking about detectives and their lifestyle over loudspeakers. It was a re-enactment of one of the scenes in the film. A group of students from the neighborhood get aggravated with the noise and vandalize the site of the event.
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The minimum number of judges to sit on the constitutional bench or a bench which gives its advisory opinion on a reference by the President must be
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Which of the following Articles contain provisions regarding panchayats?
