"Article 20 of the Constitution of India guarantees protection against self-incrimination". Explain briefly.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
"Article 20 of the Constitution of India guarantees protection against self-incrimination". Explain briefly.

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: Constitutional Law

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