Question

Fundamental rights conferring protection to accused are enshrined under the Constitution

• A. Art 21
• B. Art 20
• C. Art 22
• D. Art 19

Hint:

Remember: Art 20 = Rights of the accused during trial. Art 22 = Rights of a person upon arrest and preventive detention.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to identify the key article of the Constitution that specifically provides fundamental protections to persons accused of crimes.

Step 2: Key Concepts and Approach:
While Articles 21 (right to life and liberty) and 22 (protection against arrest and detention) offer crucial protections, Article 20 is specifically dedicated to the constitutional rights of an accused during trial.
We need to highlight the three key guarantees contained in Article 20.

Step 3: Detailed Explanation:

• Article 20(1) (Protection against Ex-Post Facto Laws): This clause prevents the state from enacting retrospective criminal laws or increasing the punishment of an offense after it has been committed.

• Article 20(2) (Protection against Double Jeopardy): This clause provides that no person shall be prosecuted and punished for the same offense more than once.

• Article 20(3) (Protection against Self-Incrimination): This clause guarantees that no person accused of any offense shall be compelled to be a witness against himself.

• Absolute Nature: Along with Article 21, the protections under Article 20 cannot be suspended even during a National Emergency (Article 359).

Step 4: Final Answer:
The fundamental rights conferring protection to an accused are primarily enshrined under Article 20 of the Constitution. Therefore, Option B is correct.