M. C. DESAI, C. J.

( 1 ) I agree with my brother Uniyal, whose judgment I had the advantage to read, that the second question must be answered in the negative. Since the question is an important one, I would briefly state my reasons. The rule of exemption from compulsory self-incrimination in the english law is not regarded as a part of the law of the land of Magna Charta or the due process of law but is regarded as separate from, and independent of, due process and came into existence not as an essential part of due process but as "a wise and beneficent rule of evidence developed in the course of judicial decision". The wisdom of the exemption has never been universally assented to; many doubt it today, and it is best defended not as an unchangeable principle of universal justice, but as a law proved by experience to be expedient. It has no place in the jurisprudence of civilised and free countries outside of the domain of the common law and is nowhere observed in the search for truth outside the administration of the law. See Twining v. New Jersey, (1908) 211 U. S. 78 : 53 Law Ed 97. The Fifth Amendment of the American Constitution providing that nor shall any person be compelled

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