How the right against self-incrimination works
- Earlier, a special CBI judge had granted CBI Sisodia’s custody on the grounds that he had failed to provide satisfactory answers during investigation.
- The court had rejected Sisodia’s arguments that he had a right against self-incrimination.
Background:
- The right against self-incrimination has its origins in Roman law, and evolved as a distinct right in the English jurisprudence.
- The Fifth Amendment in the United States Constitution says “No person shall be compelled in any criminal case to be a witness against himself”
About:
- A declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination.
- In simpler words, it is the act of implicating or exposing one’s own self to criminal prosecution.
- This right is based on the Latin maxim that ‘No one is obligated to blame himself’.
Right against Self-incrimination in India
- Article 20(3) in Part III (Fundamental Rights) of the Indian Constitution says, “No person accused of any offence shall be compelled to be a witness against himself”.
- The right to be presumed innocent until proven guilty, and the right to remain silent in an interrogation essentially flow from this constitutionally guaranteed right against self-incrimination.
- This right also ensures that police cannot coerce anyone to confess to a crime, and obtain a conviction based on that confession.
Prelims Take away
- Right against self incrimination
- Article 20