Constitution safeguards certain rights in criminal proceedings. It provides protection against self-incrimination, double jeopardy, and retrospective punishment. Article 20(1) prohibits the imposition ... compelled to be witnesses in their own criminal prosecution. Prohibition against self-incrimination could only be put into effect if the person is accused
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
Article 20(3) , which is the well-known right against self-
incrimination. Article 20(3) reads as follows:
“(3) No person accused of any offence ... follows:
“21. Back to the constitutional quintessence invigorating
the ban on self-incrimination. The area covered by Article
20(3) and Section
Article 20(3) embodies the principle of protection
against compulsion of self-incrimination which is one of the
fundamental canons of the British system ... Indian law.
In English law, this principle of protection against
self-incrimination had a historical origin. It resulted
from a feeling of revulsion against
decide
about the self-accusatory character of the answers. And,
finally, the process of proving proneness for self-
incrimination will itself strike a below ... statement also
contains self-exculpatory matter it ceases to be a
confession. Article 20(3) strikes at confessions and self-
incriminations but leaves untouched other
Magistrate violates the appellant’s fundamental right of protection from
self-incrimination as guaranteed under Article 20(3) of the Constitution.
Counsel submitted, however, that ... been advanced on
Article 20(3) and since the right against self-incrimination enshrined
therein is of great importance to criminal justice system, I deem
accepted wholly or even partially the rule of protection against self-incrimination is based on no solid foundation.
6. In Phipson on Evidence ... Paragraph 611 the limit of the principle of protection against self-incrimination as applicable in the United Kingdom and the policy thereof
only. [468 B]
The rule of protection against self-incrimination prevailing
in the U.K. or as interpreted by courts ... upon a
person charged with the commission of an offence against
self-incrimination by affording him protection against
testimonial Compulsion. But apart from this protection
Code. [682
H]
1. The immunity against self incrimination extends to
any incriminating evidence which the accused may be
compelled to give but does ... tendency to incriminate him,
would violate the constitutional guarantee against self-
incrimination because he is not compelled to do anything. A
passive submission to search
void, inasmuch as they were violative of the Constitutional guarantee against self-incrimination and accordingly he directed the issue of a writ of certiorari, quashing ... This meaning of the constitutional guarantee against self-incrimination appears to me to be self-evident, because if officers, competent to prosecute
