Which among the following provisions conform to the Right to Freedom as enshrined in the constitution of India?
1. A new law can not punish an old act
2. An accused is presumed to be innocent till his guilt is proved
Choose the correct option from the codes given below:
Article 20 has taken care to safeguard the rights of persons accused of crimes. Persons here means the citizens, non-citizens as well as corporations. Please note that this article can not be suspended even during an emergency in operation under article 359. Article 20 also constitutes the limitation on the legislative powers of the Union and State legislatures. Ex-Post facto Law Article 20 (1) says that 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 charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. This is called Ex-Post facto Law. It means that legislature cannot make a law which provides for punishment of acts which were committed prior to the date when it came into force. This means that a new law cannot punish an old act.
Self Incrimination Law Article 20(3) of the constitution says that no person accused of any offence shall be compelled to be a witness against himself. This is based upon a legal maxim which means that No man is bound to accuse himself. The accused is presumed to be innocent till his guilt is proved. It is the duty of the prosecution to establish his guilt.
This question is a part of GKToday's Integrated IAS General Studies Module