NO PERSON SHALL BE PROSECUTED AND PUNISHED FOR THE SAME OFFENCE MORE THAN ONCE.

Freedom of speech--Restriction :-- Duty of media to provide correct information. It is the responsibility of the media to ensure that they are not providing the public with information that is factually wrong biased on simply unverified information. The right to freedom of speech is enshrined in article 19(1) (a) of the Constitution. However, this right is restricted by article 19(2) in the interest of the sovereignty and integrity of India, security of the state, public order, decency and morality and also contempt of courts Act and defamation. SCOPE:--This vires of any subordinate legislation can be challenged on the ground that it is arbitrary, unreasonable and offends article 14 of the Constitution. PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES:-(1) 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 on 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. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. COMMENTS:-- (a) Right against self -incrimination under article 20(3) don't exclude any voluntary statements made in exercise of free will and violation. (b) Protection under article 20(3) don't extend to any kind of evidence but only to self - incriminating statements relating to the charges brought against an accused. In order to bring the testimony of an accused within the prohibition of constitutional protection, it must be of such character that by itself it tends to incriminate the accused. For invoking the constitutional rights under article 20(3) a formal accusation against the person claiming the person must exist (c) It is trite law that the sentence impossable on the date of commission of the offence has to determine the sentence impossable on completion of trial. This proposition is clear even on a bare reading of article 20(1) . Under article 20(1) what is prohibited is the conviction and sentence in criminal proceedings under ex post facto law.

No comments:

Post a Comment