The Right to Remain Silent
🔇 The Right to Remain Silent
Definition:
The right to remain silent is a legal right that protects individuals from being compelled to speak or give evidence that may be self-incriminating during criminal investigations or trials.
🧾 Purpose:
To uphold the principle that no one should be forced to confess guilt or provide information that could be used against them. It is a fundamental protection in systems that value due process and fair trial rights.
⚖️ In India: Constitutional Basis
Article 20(3) of the Constitution of India:
"No person accused of any offence shall be compelled to be a witness against himself."
This guarantees the right against self-incrimination.
✅ Key Features in Indian Law:
Applies only to accused persons:
The person must be formally accused of an offence.
Compulsion is key:
Protection is triggered when there is coercion to speak or testify.
Covers oral and documentary evidence:
Includes statements, confessions, or producing documents that may be incriminating.
🔍 Important Case: Selvi v. State of Karnataka (2010)
The Supreme Court ruled that narco-analysis, lie detector tests, and brain-mapping conducted without consent violate Article 20(3) and the right to privacy.
Reaffirmed that forcible extraction of information is unconstitutional.
🛡️ Right to Remain Silent during Police Interrogation
A person has the right not to answer questions during police questioning unless legally required.
Police or investigative agencies cannot force a confession.
Any confession must be voluntary to be admissible in court (as per Section 24-27 of the Indian Evidence Act, 1872).
📌 International Context
🇺🇸 United States:
Part of the Miranda Rights (Miranda v. Arizona, 1966):
"You have the right to remain silent. Anything you say can and will be used against you in a court of law..."
Based on the Fifth Amendment: protects against self-incrimination.
🔚 Summary:
| Feature | Details |
|---|---|
| Legal Basis (India) | Article 20(3) – Constitution of India |
| Key Principle | Protection from self-incrimination |
| Applies To | Accused persons |
| Voluntary Confession Required | Yes |
| Supreme Court View | Narco tests without consent = illegal |
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