Is requirement of self declaration of various organistions violation of Article 30(3)
Querist :
Anonymous
(Querist) 06 October 2010
This query is : Resolved
Article 20, clause 3 of the Indian constitution states that "No person accused of any offence shall be compelled to be a witness against himself."
Is the requirement of self declaration of not involved in any crime etc. on various application forms of various organizations violation of Article 20(3). If a person does not make a declaration he cannot proceed to get benefits etc., if he makes a declaration, the same declaration can be used against him i.e. his statements will be made witness against him.
Advocate. Arunagiri
(Expert) 06 October 2010
Appearing as a witness for his own case is different from giving a self declaration. The self declaration is only a information about the cases pending against you. This self declaration is not a confession of the offense. If you file a false self declaration, suppressing the criminal case, once it is proved, it will have adverse reaction against you.
Querist :
Anonymous
(Querist) 06 October 2010
Thank you Sir, I understood the point now.
pawan sharma
(Expert) 06 October 2010
Article 20(3)based on the principle of SILANCE, and no accused can be force to made statement againest himself. Resently Hon"ble SC held in SALVI vs STATE OF KARNATAKA.
R.Ramachandran
(Expert) 06 October 2010
Dear Mr. Pawan,
Your reply that no accused can be forced tomake statement against himself, is clearly understood by Anonymous.
The question by Anonymous is whether making self-declarations in various applications to the effect that he has not involved in any crime earlier or he was not convicted in any case - would amount to violation of the provisions of Article 20(3) of the Constitution.
First and foremost, it is to be understood that when any one fills up an application, he is not an Accused of any Offence. Only a person Accused of any Offence, has the protection of Article 20(3).
So before answering, instead of telling what are all you know, please concentrate on the question, please also see if any expert has already provided any answer to the question, and if you have any additional point which has not been covered by the expert try to cover the same. (To say the least, your reply does not fall in this category at all.)
Querist :
Anonymous
(Querist) 07 October 2010
Thank you Ramachandran Sir, yes you understood my question very correctly, the point of law has been made very clear to me now. Article 20(3) can be invoked only when a person is accused otherwise cannot be invoked.
