Right to Silence

Recently, Supreme Court said that all accused have a right to silence and investigators cannot force them to speak up or admit guilt.

  • Right to silence emanates from Article 20(3), which states that no one can be compelled to be a witness against himself.
  • This protection is limited only to criminal proceedings.
  • Right is not available to a person who is being interrogated under Customs Act, 1962, or Foreign Exchange Management Act, 1999, since person is not “accused of an offence” and isn’t entitled to a lawyer.
  • In Nandini Satpathy vs. P.L. Dani case, SC stated that compelling a person to answer a question ....
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