Discuss the principle of protection against compulsion of self-incrimination embodies Article 20(3) of the Constitution of India with the help of judicial decisions.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
Discuss the principle of protection against compulsion of self-incrimination embodies Article 20(3) of the Constitution of India with the help of judicial decisions.
Answer & Explanation:
According to Article 20(3) of the Constitution of India, no person accused of any offence shall be compelled to be a witness against himself. In other words, an accused cannot be compelled to state anything which goes against him. But it is to be noted that a person is entitled to this protection, only when all the three conditions are fulfilled: that he must be accused of an offence; that there must be a compulsion to be a witness; and such compulsion should result in his giving evidence against himself So, if the person was not an accused when he made a statement or the statement was not made as a witness or it was made by him without compulsion and does not result as a statement against himself, then the protection available under this provision does not extend to such person or to such statement. The 'right against self-incrimination' protects persons who have been formally accused as well as those who are examined as suspects in criminal cases. It also extends to cover witnesses who apprehend that their answers could expose them to criminal charges in the ongoing investigation or even in cases other than the one being investigated. [ Selvi v. State of Karnataka, AIR 2010 SC 1974 ].
Topics: Indian Constitution
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