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Which one of the following statements is not correct with respect to protection of individuals being tried for offences?
A confession can never be used as evidence against the accused.
The accused must have violated an existing law.
An accused cannot be tried and punished for the same offence again.
The quantum of punishment must be provided in law as it existed on the date of commission of an offence.
Article-20 of the Constitution grants protection against arbitrary and excessive punishment to an accused person. It contains three provisions in that direction No Ex-postfacto Law No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act nor subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the Act. No Double Jeopardy No person shall be prosecuted and punished for the same offence more than once. No Self-incrimination No person accused of any offence shall be compelled to be a witness against himself. As per the Constitution, a person/entity can be tried retrospectively in certain instances as provided by the law.
By: Ketan Garg ProfileResourcesReport error
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