ORDER :

01. The right to remain silent is a cornerstone of criminal justice systems globally. Rooted in the principle of fairness, this right protects individuals from self-incrimination, ensuring that no one is compelled to testify or provide evidence against themselves in criminal proceedings. In India, this right is explicitly enshrined in Article 20(3) of the Constitution and further reinforced by various provisions of the Criminal Procedure Code (Cr.P.C).

02. The right to remain silent is a legal principle that protects individuals from being compelled to provide evidence or testimony that may incriminate them in a criminal proceeding. Rooted in the principle of “nemo debet prodere ipsum” (no one is bound to accuse themselves), it ensures fairness by safeguarding the accused from coercion or undue influence.

03. In India, this right is enshrined in Article 20(3) of the Constitution of India, which states that no person accused of an offence shall be compelled to be a witness against themselves. It extends to various stages of investigation and trial, emphasising the presumption of innocence and placing the burden of proof on the prosecution. This right is pivotal in upholding justice and individual dignity.

04. The right to remain silent has its roots in medieval England, where it emerged as a response to oppressive practices in the Star Chamber and High Commission courts of the 16th century. During this period, suspects were compelled to take an “ex-officio oath” and provide answers, often under threat of torture or severe punishment. Refusal to comply often led to coercion or physical abuse.

05. The principle “nemo debet prodere ipsum” (no one should be compelled to accuse themselves) gradually evolved to protect individuals from such practices. This principle became a cornerstone of the common law tradition, influencing legal systems worldwide.

06. Article 20(3) of the Indian Constitution of India explicitly guarantees the right to remain silent. It states:

“No person accused of any offence shall be compelled to be a witness against himself.”

This provision ensures that individuals accused of a crime are not forced to incriminate themselves during investigations or trials. The right serves several critical purposes:

1. Protecting individuals from undue coercion or forced confessions.

2. Upholding the presumption of innocence.

3. Ensuring that the burden of proof lies with the prosecution.

07. Additionally, Article 21 mandates a fair and just procedure in criminal proceedings, further reinforcing the right to remain silent.

08. The right to remain silent is more than a procedural safeguard; it is a foundational principle of justice. By preventing forced confessions and undue coercion, it ensures fairness in criminal proceedings and upholds the dignity of the individual. The right to remain silent, enshrined in Article 20(3) of the Constitution of India, serves as a vital safeguard against self- incrimination. Its importance lies in preserving the presumption of innocence, ensuring that the burden of proof rests with the prosecution, and maintaining fairness in the justice system.

09 Indian courts have consistently upheld this right, aligning it with international human rights standards. However, challenges such as statutory exceptions and evolving investigative techniques call for a nuanced approach to its application. As a cornerstone of justice, the right to remain silent must be preserved and protected to ensure the integrity of India’s legal system and the fair treatment of all individuals accused of crimes. [Article by Aishwarya Agrawal on “Right to remain silent.”]

1. In recent years, the use of scientific techniques such as narco analysis, polygraph, and brain mapping has sparked significant legal and ethical debate within India’s criminal justice system. These methods, often portrayed as tools to uncover concealed truths, raise fundamental concerns regarding personal liberty, bodily autonomy, and the right against self-incrimi