Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

Question

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

1. A. A confession can never be used as evidence against the accused (Correct answer)
2. B. The accused must have violated an existing law
3. C. An accused cannot be tried and punished for the same offence again
4. D. The quantum of punishment must be provided in law as it existed on the date of commission of an offence

Correct Answer

Option A — A confession can never be used as evidence against the accused

Detailed Solution & Explanation

The correct answer is A confession can never be used as evidence against the accused.

Key Points

• Statement A is incorrect — confessions CAN be used as evidence under certain conditions.
• Under Indian Evidence Act, a confession made to a magistrate (judicial confession) is admissible as evidence.
• However, a confession made to a police officer is generally not admissible.
• The statement is overly broad and hence incorrect.