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2026 Supreme(Raj) 486

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Subhash Saini S/o Shri Basti Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Arun Singh Shekhawat
For the Respondent: Jitendra Singh Rathore

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 jus

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