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. 

• • • • 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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