Article 13: Protection Against Double Punishment and Self Incrimination

Jarida Legal
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Text of the Constitution

  1. No person—

(a) shall be prosecuted or punished for the same offence more than once; or

(b) shall, when accused of an offence, be compelled to be a witness against

himself.

 

Meaning:

Article 13 of the Constitution provides protection to individuals from being dragged

into court again and again once a final verdict for that crime has been given, be it an

acquittal or penalty. In case of penalty, once the criminal has completed their

sentence, they cannot be penalised or punished for that crime again. Moreover, a

person cannot be forced to build a case against themself, which means they can’t be

forced to become a witness in their own case.

 

Application:

Let’s suppose someone is caught shoplifting and goes through a proper trial. They are

found guilty, they pay the fine, and they serve the sentence given by the court. Once

all of this is done, the police cannot reopen the case and punish the person again for

the crime they have already been punished for. Moreover, during the investigation

procedure, the person can’t be forced through any kind of physical or verbal abuse to

confess anything or pass any statements that will prove their guilt, as all of this would

be against the provisions of Article 13.

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