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The Following Question Consists of Two Statements, One Labelled As. 'Assertion' and the Other as 'Reason'. Read Both the Statements Carefully and Answer Using the Codes Given Below. - Legal Reasoning

MCQ

The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): An accused person cannot be forced to give his thumb impression.
Reason (R): An accused person cannot be compelled to be a witness against himself.

Options

  • Both A and R are true and R is the correct explanation of A

  • Both A and R are true but R is not the true explanation of A

  • A is true but R is false

  • A is false but R is true

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Solution

A is false but R is true

Explanation:

A is false but R is true. Clause (3) of Article 20[i] of the Indian Constitution, 1950 provides that "No person accused of any offence shall be compelled to be a witness against himself." This principle is espoused on the maxim "nemo teneteur prodre accussare seipsum", which essentially means "NO MAN IS BOUND TO ACCUSE HIM". However, there is exceptions to this provision. It follows that giving thumb impressions, or impression of foot or palm or fingers or specimens of writings or exposing body for the purpose of identification are not covered by the expression 'to be a witness' under Article 20(3).

Concept: Important Court Decisions (Entrance Exams)
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