ARTICLE 20 OF INDIAN CONSTITUTION
http://boscrowan.co.uk/ring-and-thimble/ The Kalaburagi bench of the high court has said that drawing of the blood sample of an accused to determine the paternity of the child is neither self-incrimination nor violative of Article 20 (3) of the Constitution.
ABOUT ARTICLE 20
- Taken care to safeguard the rights of persons accused of crimes.
- Persons here means the citizens, non-citizens as well as corporations.
- This article cannot be suspended even during an emergency in operation under article 359.
- Constitutes the limitation on the legislative powers of the Union and State legislatures.
Ex-Post facto Law
- 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
- Legislature cannot make a law which provides for punishment of acts which were committed prior to the date when it came into force
- New law cannot punish an old act.
Doctrine of Double Jeopardy
- No person shall be prosecuted and punished for the same offence more than once.
- Aims to avoid harassment, which must be caused for successive criminal proceedings, where the person has committed only one crime.
- No person accused of any offence shall be compelled to be a witness against himself.
- Based upon a legal maxim which means that No man is bound to accuse himself.
- Accused is presumed to be innocent till his guilt is proved
- Duty of the prosecution to establish his guilt.
- Testing used for the purpose of verifying the identity of an unknown person.
- Commonly used in criminal investigations for the purpose of identifying suspects to a crime
- Also common in other areas of law, such as paternity testing.
- Work by extracting a sample of DNA from the suspect under investigation.
- Samples may be obtained by a variety of methods, including fingerprint samples, “swab” samples obtained from inside the cheek, or bodily fluid samples (such as blood).
- The DNA samples are taken directly from the person in question.