A Supreme Court(SC) judge recently supported granting bail to Delhi Chief Minister emphasising an accused’s right to remain silent during police questioning.
No Assumption of Guilt
- It has been pointed out that investigators cannot assume someone is guilty just because they choose not to speak.
- SC made it clear that an accused person cannot be forced to make statements that could be used against them.
About Right to Silence
- The right to silence allows an individual to refuse to answer questions from law enforcement or court officials
- Key aspects of the Right to Silence
- Burden of Proof: The prosecution must prove the accused’s guilt beyond a reasonable doubt.
- Presumption of Innocence: The accused is presumed innocent until proven guilty.
- Protection Against Self-Incrimination: The accused cannot be forced to answer questions that might implicate them in a crime.
- Exceptions
- Investigations: In certain cases, the law may compel an accused to submit to investigations (e.g., DNA testing).
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Right to Silence: Constitution and Law
- India: Explicitly incorporated into Article 20(3) of the Constitution.
- Article 20(3) of the Fundamental rights of Indian Constitution : This article protects individuals from being forced to testify against themselves.
- This protection applies not only in court but also during police questioning, even before a trial starts.
- It applies only to people who are accused of a crime.
Article 20
- It protects against arbitrary and excessive punishment for anyone accused of a crime.
- It is applicable to all citizens, foreigners, companies or corporations.
- Key three provisions
- No ex-post-facto law: No law can punish a person for an act that was not a crime when it was committed.
- No double jeopardy: A person cannot be punished twice for the same offence.
- No self-incrimination: No person can be forced to become a witness against himself.
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- It does not apply to a witness, as they are not being accused of an offence.
- Protection under Article 20(3) is not available to a person being questioned under the Customs Act, 1962, or the Foreign Exchange Management Act, 1999.
- This is because the person is not considered an accused under these acts.
- Maneka Gandhi case (1978): Article 21 mandates a fair, just, and equitable procedure in criminal cases.
- Indian Criminal Procedure Code: Reinforces these protections.
- Criminal Procedure Code Provisions
- Section 161(2): During police interrogation, a person must answer truthfully but can refuse questions that could lead to criminal charges.
- Section 313(3): At trial, the accused has the right to remain silent without punishment for not answering or giving false answers.
- Section 315(1)(b): It prevents any comment on the accused’s refusal to give evidence by any party or the court.
- It ensures the presumption of innocence.
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September 14, 2024
