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art 20

(Querist) 08 July 2009 This query is : Resolved 
can summoning of documents be treated as vioative of article 20(3) of the constitution. On what grounds it can be violative.
Sanjeev Panda (Expert) 24 February 2010
Yes, the summoning of the documents from the accused can be treated as violative of Article 20(3) of the Constitution of India which provides that the accused could not be compelled to be a witness against themselves. Please refer to the Judgment of the Supreme Court of India in Shyam Lal Mohan Lal Vs. State of Gujrat 1965CriLJ256, in this case the Hon'ble Apex Court has decided that Section 94(1)Code of Criminal Procedure, 1898 (now Section 91 Cr.P.C. under new code) of the Act could not be applied on the accused, as he was entitled to the benefit of provisions of Article 20(3) of the Constitution of India


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