Provision for the Right To Silent
- Article 20(3) of the IC says that no person accused of any offence shall be compelled to be a witness against himself. The characteristics features of these provisions are:
- The Accused is presumed to be innocent until proven guilty.
- It is the duty of the prosecution to establish guilt.
- The accused cannot be forced to state his will.
- Section 161(2) of the CrPC lays down that an accused should answer all questions put forth by the authorities truthfully, other than those which subject him to penalty or other punishments.
- It means that a central excise officer or a customs officer has a right to summon a person, and the person is bound to state the truth.
- However, if the truth is self-incriminatory and can be produced as a witness against the person summoned, he can exercise the privilege granted under Article 20(3) of the IC.
- In Kartar Singh vs. the state of Punjab, the SC has stated that the officers who bring in the accused must inform him/her about the right to silence while recording statements.
Can a law curtail Fundamental Rights?
- Article 13(2) of the IC states that the state shall not make laws that infringe/abridge the fundamental rights of citizens provided under the constitution.
- If any law is made to that extent, it shall be void (the SC can declare it unconstitutional).
- Thus, neither an executive action nor a legislative law can violate fundamental rights.
- A self-incriminatory statement is not admissible in any criminal/quasi-criminal proceeding.
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