The doctrine of “autrefois convict” is embodied in which provision of the Constitution of India?
Article 20(2) protects against a second prosecution and punishment for the same offence. In Maqbool Hussain v. State of Bombay, the Supreme Court held that a customs…
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The doctrine of “autrefois convict” is embodied in which provision of the Constitution of India?
Answer and explanation
Correct answer B
Article 20(2) protects against a second prosecution and punishment for the same offence. In Maqbool Hussain v. State of Bombay, the Supreme Court held that a customs confiscation was not a prior prosecution before a court or judicial tribunal for this purpose. Article 20(1) concerns retrospective offences and heavier penalties, Article 20(3) concerns compelled self-incrimination, and Article 22 concerns arrest and detention.
Option feedback
Option A
Article 20(1) bars conviction under a law that was not in force when the act was committed, and bars a penalty greater than the one then applicable.
Option B
Article 20(2) prohibits prosecution and punishment more than once for the same offence.
Option C
Article 20(3) protects an accused person from being compelled to testify against themselves.
Option D
Article 22 addresses protections concerning arrest and detention.
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