Which of the following articles of the constitution of India is related to the concept of "Nemo Debt Bis Vexari"?

Question

Accepted Answer

The correct option is 3:
Article 20(3) is the constitutional provision that protects a person accused of an offence from being compelled to be a witness against himself, a principle known as the right against self-incrimination. This right is rooted in the fundamental common law maxim, *Nemo Tenetur Se Ipsum Accusare*, meaning "no man is bound to accuse himself." It serves as a crucial safeguard in the criminal justice system, ensuring that confessions or evidence are not extracted through coercion and that the burden of proof rests squarely on the prosecution. This constitutional shield preserves the dignity of the accused and ensures the process of justice is based on fair procedure, not on the forced testimony of the defendant.

The incorrect option is 1:
Article 20(1) deals with protection against *Ex-post-facto* Law. This provision prohibits the retrospective application of criminal law, ensuring that a person cannot be convicted for an act that was not legally an offence at the time it was committed. It also prevents the imposition of a penalty greater than that which was in force when the offence occurred. This principle ensures legislative fairness by protecting citizens from laws that penalize past actions. Its focus is entirely on the criminality of the act and the quantum of punishment, not on the testimony or evidence of the accused during the trial.

The incorrect option is 2:
Article 20(2) is related to the doctrine of Double Jeopardy. It explicitly states that "No person shall be prosecuted and punished for the same offence more than once." The conceptual basis for this is the maxim *Nemo debet bis puniri pro uno delicto*, meaning no one ought to be punished twice for the same offence. This protection is invoked only when a person has been both *prosecuted* and *punished* in a previous judicial proceeding. While this article concerns a fundamental trial right, it specifically addresses repeated prosecution, not compulsion in providing evidence.

The incorrect option is 4:
Article 21 is the foundational right to the Protection of Life and Personal Liberty. This article is considered the most important fundamental right, stating that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court has given a wide interpretation to this article, incorporating various rights like the Right to Live with Human Dignity, Right to Health, Right to Privacy, and Right to a Speedy Trial. While it encompasses broad principles of fairness and natural justice, its specific mandate is not confined to the right against self-incrimination.