Which one of the following statements is not correct with respect to

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.

This question was previously asked in

UPSC CDS-2 – 2016

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The statement that “A confession can never be used as evidence against the accused” is not correct with respect to the protection of individuals being tried for offences.

– Protection against self-incrimination (Article 20(3)) states that no person accused of any offence shall be compelled to be a witness against himself. This means involuntary or forced confessions are inadmissible. However, voluntary confessions are admissible as evidence under certain conditions specified by law (like confessions made before a magistrate, not while in police custody, except under specific provisions like Section 27 of the Evidence Act allowing recovery based on information). Therefore, a blanket statement that *no* confession can ever be used is incorrect. (Statement A is incorrect).
– Article 20(1) prohibits ex post facto laws, meaning a person can only be convicted for violating a law that existed at the time of the offence. (Statement B is correct).
– Article 20(2) prohibits double jeopardy, meaning a person cannot be prosecuted and punished for the same offence more than once. (Statement C is correct).
– Article 20(1) also prohibits retrospective application of punishment, meaning the penalty imposed shall not be greater than what was prescribed by the law in force at the time the offence was committed. (Statement D is correct).

The rules regarding the admissibility of confessions in India are primarily governed by the Indian Evidence Act, 1872. Sections 24 to 30 of this Act deal with confessions. Section 25 makes confessions made to a police officer inadmissible, and Section 26 makes confessions made while in police custody inadmissible, unless made in the immediate presence of a Magistrate. Section 27 provides an exception where information leading to the discovery of a fact is given by an accused in custody, even to a police officer.

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