Article 20(3) & art 21
sandeep sangwan
(Querist) 03 June 2012
This query is : Resolved
Is protection under article - 20, is applicable in both cases (criminal or civil),
and can court compel any body to give evidence, if no then whats the matter in N.D.TIVARI case. i don't understand? plz help me.
Guest
(Expert) 03 June 2012
To understand the story of Shri ND Tiwari, you may need to read and link together all the news items relating to the case, if copy of petition against him is not at hand. Else, you need to write brief of the problem on which you want to discuss, instead of putting such an academic query without any background of the law suit on what matter in a very delinked manner.
sandeep sangwan
(Querist) 03 June 2012
sir, i want to know that can court compel anybody to give evidence against himself, as happen in this case. court gives the order to give blood for DNA test? like as happen in this case?
Guest
(Expert) 03 June 2012
A sample of blood for clinical test is not an evidence, but for verification of claim of the plaintiff by matching the DNA of the plaintiff with the DNA of Shri Tiwari to find out truth, as a part of investigation. By asking him to give blood sample for test, shri Tiwari was not subjected to give his evidence to disprove the allegation against him.
Had the instance been considered as a case of evidencce by Shri Tiwari in violattion of Article 20(3), he being a very senior age old political leader and knowlegeable constitutional authority, he or his advocate would well have raised objection. Even that be such a case, Articlle 21 very clearly provided for exception as per the procedure established by law.
kuldeep kumar
(Expert) 03 June 2012
dear sandip sangwan..it does mean that later it will become a part of evidence.initially it is not termed taking evidence from plaintiff.
Arun Kumar Bhagat
(Expert) 03 June 2012
N.D.Tiwary's case is based in Civil declartory suit for paternity of child. In criminal cases an accused can not be a witness against himself. Criminal Procedure has been amended in 2010 and certain sections are newly incorporated like giving specimen of handwriting etc.
