Published: 20th Jul, 2023
Context
Recently, the Supreme Court (SC) mentioned that, all accused have ‘Right to silence’ and investigators cannot force them to speak up or admit guilt. SC emphasised that the Constitution accords every person a right against self-incrimination.
Key-highlights of the Verdict:
- The Right to silence emanates from Article 20(3) of the Indian Constitution, “which states that no one can be compelled to be a witness against himself.”
- The provision gives an accused the right against self-incrimination, a fundamental canon of law.
- Under criminal law jurisprudence, it is considered the duty of the prosecution to prove a person guilty beyond reasonable doubt.
- Until proven otherwise, the accused remains innocent.
- An accused’s decision to remain silent can be construed as a negative inference in certain circumstances but it cannot absolve the prosecution from its duty to prove the guilt of that person beyond reasonable doubts.
- Referring to the constitutional Right of every person to not speak against himself or to remain silent, the court added that it cannot deprive a person of his liberty merely because there is a statement that he has not admitted his crimes.
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