Which among the following articles of Indian Constitution is related to 'The Maxim Nemo debet bis Vexari" theory ?

Question

Accepted Answer

The correct answer to the question is Option 2, which refers to Article 20(2) of the Indian Constitution. This article is directly related to the legal principle "Nemo debet bis vexari," which translates to "no one shall be vexed twice for the same cause." This principle is commonly known as the rule against double jeopardy.

1. **Explanation for Option 2 (Art. 20(2)):**
   - Article 20(2) of the Indian Constitution states that "No person shall be prosecuted and punished for the same offence more than once." This embodies the principle of double jeopardy, ensuring that an individual cannot be tried or punished twice for the same offense. This protection is a fundamental right under the Constitution, safeguarding individuals from repeated legal actions for the same alleged crime, thus aligning perfectly with the maxim "Nemo debet bis vexari."

2. **Explanation for why other options are incorrect:**

- **Option 1 (Art. 20(1)):**
     - Article 20(1) deals with the protection against ex post facto laws. It states that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense. This article does not relate to the principle of double jeopardy but rather ensures that individuals are not retroactively punished under laws that were not in effect at the time of their actions.

- **Option 3 (Art. 20(3)):**
     - Article 20(3) provides protection against self-incrimination. It states that no person accused of any offense shall be compelled to be a witness against himself. This article is concerned with the right to silence and the protection of individuals from being forced to testify against themselves, which is unrelated to the concept of double jeopardy.

- **Option 4 (Art. 21):**
     - Article 21 guarantees the right to life and personal liberty, stating that no person shall be deprived of his life or personal liberty except according to the procedure established by law. While this article is a broad protection of individual rights, it does not specifically address the issue of double jeopardy or the principle "Nemo debet bis vexari."

In conclusion, Article 20(2) is the correct answer as it directly addresses the principle of double jeopardy, ensuring that no individual is prosecuted and punished more than once for the same offense, thus aligning with the maxim "Nemo debet bis vexari." The other articles mentioned do not pertain to this specific legal principle.