| Legal Principle Article-20(3) of the Constitution of India states that no person accused of any offence shall be compelled to be a witness against himself. |
| Fact Situation Ubaid refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law. |
| Which of the following statements is the most appropriate in relation to the legal principle stated above? |
A) Ubaid is protected by Article-20(3) in his refusal to give a blood sample.
B) Ubaid is not protected by Article-20(3) as he was under the influence of alcohol.
C) Ubaid is not protected by Article-20(3) in his refusal to give a blood sample since he is not accused of any offence yet.
D) Refusal to give a blood sample is a crime and Ubaid must be punished for the same.
Correct Answer: C
Solution :
Sol. The given Legal Principle, refers to Article 20(3) of the Indian Constitution which states that no person accused of any offence shall be compelled to be a witness against himself. Ubaid a person mentioned in the given Fact Situation is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused of any offence yet he only a police suspect of driving under the influence of alcohol.
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