Right to Silence in India: Key Rights Explained

2025 Supreme(US)(ca10) 51

Kee’s conviction could still be upheld under plain error review if the violation of his due process rights failed to affect his substantial rights. Mr. ... Kee’s due process rights is more than enough to constitute a violation of his substantial rights. III For the foregoing reasons, Mr. ... Kee’s substantial rights. In Doyle, the Supreme Court....

2025 Supreme(US)(cafc) 101

silence. ... Put otherwise, mislead- ing conduct occurs where an accused infringer can reason- ably infer from a patent owner’s conduct or silence that the patent owner has known of the allegedly infringing activi- ties for some time without having asserted its rights. ... And if we accept Fraunhofer’s view that all par- ties knew that any rights SXM had in the asserted patents were “derivative of” the righ....

2023 0 Supreme(Chh) 61

It confers immunity from compelling an accused person to be a witness against himself by giving self-incriminating evidence and an accused has the right to maintain silence and not to disclose defence. 15. ... Annexure P-5) have been called in question by way of these writ petitions preferred under Article 226 of the Constitution of India principally on the ground that invoking Section 91(1) of the CrPC directing the petitioners to produce documents would be violative of thei....

2022 Supreme(US)(ca5) 176

Just as in the cases discussed earlier in which the Supreme Court found a due- process violation, the State advised Engle of his rights and thereby “implicitly promise[d] that any exercise of those rights w[ould] not be penalized,” but “then s[ought] to make use of [his] exercise of those rights ... whether the rights at issue are statutorily-created or constitutionally-based . . . . ... will not be use....

In this case there was no evidence of any silence or inaction on the part of the plaintiffs on any occasion when it was their duty to assert their rights. ... it was held that, in order to establish an estoppel by conduct by silence, the person who is sought to be estopped by reason of his silence must be proved to have intended to create a false impression on the person who I sets up the estoppel and that he caused ....

Again, assuming that the plaintiffs were aware of their rights, I cannot find in the record any proof of silence or inaction on their part on any occasion when it was their duty to assert their rights, The inference which the learned District Judge draws that the first plaintiff was aware at ... Mere silence cannot amount to estoppel; there must be a duty on the person sought to be estopped to speak. Silen....

National Green Tribunal

Undoubtedly, the freedom of speech and 2 right to expression are fundamental rights but the rights are not absolute. ... Obviously, such rights are not absolute and have to co-exist with sustainable development. ... It has been held that the right to clean environment is a fundamental rights. ... General Hospital Silence Zone 81 RIICO Industrila Area Industrial Zone 8....

2023 Supreme(Online)(KAR) 4463

As such, the suit schedule property is the joint family property and all the members are having equal rights over the same and they are in joint possession. ... Therefore, the First Appellate Court has rightly held that the plaintiff is estopped by silence. ... and such estoppel by silence creates right on - 9 - defendant No.1. ... It is also contended in the plaint that defendant No.1 had executed the gift deed in favour of defe....

2023 Supreme(Online)(KAR) 22673

Further submitted that there is no plea by the defendants in the written statement regarding estoppel, but the First Appellate Court on its own assumption observed that the plaintiff is estopped by silence and such estoppel by silence creates right on defendant No.1. ... As such, the suit schedule property is the joint family property and all the members are having equal rights over the same and they are in joint possession. Further, the f....

2022 Supreme(US)(ca2) 58

when states create such rights (as New York has, see N.Y. ... In effect, UUP asks us to draw from statutory silence the sort of inference that New York law does not allow us to draw from contractual silence. ... The New York Court of Appeals accepted certification, 36 N.Y.3d 935 (2020), and answered the first part of our first certified question, holding that “New York’s contract law does not recognize . . . inferences” of vested li....

2015 0 Supreme(Del) 4042

An accused has a constitutional right to maintain silence. Standard of proof on the part of an accused and that of the prosecution in a criminal case is different. He may discharge his burden on the basis of the materials already brought on record.

2015 0 Supreme(Bom) 122

He may discharge his burden on the basis of the materials already brought on record. He may discharge his burden on the basis of the materials already brought on record. The Accused has constitutional right to maintains silence. It has been held that standard of proof required on the part of the accused is preponderance of probabilities where as the prosecution must prove the guilt of the accused beyond all reasonable doubt. The Accused has constitutional right to m....

Dishonour Of Cheque

The Accused has constitutional right to maintains silence. It has been held that standard of proof required on the part of the accused is preponderance of probabilities where as the prosecution must prove the guilt of the accused beyond all reasonable doubt. He may discharge his burden on the basis of the materials already brought on record.

2014 0 Supreme(Gau) 619

An accused has a constitutional right to maintain silence. 7. That such an approach in proceeding with the above case without ascertaining the existence of any legally enforceable debt with the materials in record is not correct as per law as because an accused for discharging the burden of proof placed upon him under a statute need not examine himself and he may discharge his burden on the basis of materials already brought on record. Standard of proof in the part of an accu....

2010 4 Supreme 169

An accused has a constitutional right to maintain silence. He may discharge his burden on the basis of the materials already brought on record. Standard of proof on the part of the accused and that of the prosecution in a criminal case is different.