Legal Principle Article 20 3 of the Constitution of India states that no person accused ofany offenc...........

Legal Concepts Legal Reasoning

Legal Principle: Article 20(3) of the Constitution of India states that no person accused ofany offence 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 drivingover the speed limit. The police suspect him to be driving under the influence of alcohol, which isprohibited under the law.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

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 ofany offence yet.

Refusal to give a blood sample is a crime and Ubaid must be punished for the same.

Explanation:

Ubaid is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused ofany offence yet.
The principle talks about article 20(3) and the statement of the article consist of three components:-
1. It is a right pertaining to a person accused of an offence.
2. It is a protection against compulsion to be a witness.
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 not fulfilled as Ubaid till now is just a suspect and not an accused. So this right under section 20 (3) cannot be exercised by him. Hence option C is most appropriate.