AI Overview...
-
Right against self-incrimination - The accused's right under Article 20(3) of the Constitution of India prohibits compelling an accused to testify against himself, ensuring protection against self-incrimination during criminal proceedings. This right is a fundamental safeguard embedded in constitutional law and criminal jurisprudence. Abdul Razak @ Abu Ahmed, S/o. K. P. Ahmed Kunji VS Union of India - Crimes, T. R. Ajayan VS M. Ravindran - Kerala, Naveen Krishna Bothireddy VS State of Telangana - Andhra Pradesh
-
Section 311 of Cr.P.C. - While Section 311 allows courts to summon witnesses or examine persons, it cannot be used to compel an accused to give evidence that would violate their right against self-incrimination under Article 20(3). Courts must balance the need for evidence with constitutional protections. Abdul Razak @ Abu Ahmed, S/o. K. P. Ahmed Kunji VS Union of India - Crimes, T. R. Ajayan VS M. Ravindran - Kerala, T.R. AJAYAN Vs M. RAVINDRAN - Kerala
-
Section 311-A of Cr.P.C. - This section permits courts to call upon an accused to give thumb impressions or other non-testimonial evidence, which does not infringe upon the right against self-incrimination. It emphasizes that physical evidence collection is permissible, but testimonial compulsion is restricted. Maruthi Processors, a registered firm by Partner R. Palanisamy, Komarapalayam, Namakkal District VS R. Subramaniam - Madras
-
Co-accused as witnesses - Co-accused cannot be compelled to testify against each other concerning transactions linked to the same conspiracy, as such testimony would violate the right against self-incrimination. The law restricts co-accused from serving as witnesses in a manner that infringes this right. ABDUL RAZAK @ ABU AHMED vs UNION OF INDIA - Kerala, T. R. Ajayan VS M. Ravindran - Kerala
-
DNA sampling and other evidence collection - Police can collect samples like DNA without infringing on the right against self-incrimination or privacy, provided it is done lawfully. Such physical evidence collection is generally permissible, but testimonial evidence that directly incriminates the accused remains protected. Rajli @ Rajjo VS Kapoor Singh - Punjab and Haryana, M. Muthukumar VS Inspector of Police All Women Police Station - Madras, Naveen Krishna Bothireddy VS State of Telangana - Andhra Pradesh
-
Exceptions and procedural safeguards - The law provides certain exceptions where evidence or testimonies may be obtained without violating constitutional rights, such as under Sections 306, 307, and 311 of Cr.P.C., but these are subject to strict interpretation to prevent infringement of the accused's rights. Abdul Razak @ Abu Ahmed, S/o. K. P. Ahmed Kunji VS Union of India - Kerala, Abdul Razak @ Abu Ahmed, S/o. K. P. Ahmed Kunji VS Union of India - Crimes
Analysis and Conclusion
The overarching principle is that the accused cannot be compelled to testify against themselves, as protected by Article 20(3) of the Constitution of India. While courts have the authority under Sections 311 and 311-A of the Cr.P.C. to seek evidence, this does not extend to forcing testimonial evidence that would violate the right against self-incrimination. Physical evidence like DNA samples can be collected lawfully, but testimonial or self-incriminating evidence remains protected. Co-accused persons are also safeguarded from being compelled to testify against each other in a manner that infringes this right. Overall, the law aims to balance the need for evidence with constitutional protections, ensuring that accused persons' rights against self-incrimination are upheld during criminal proceedings.
Search Results for "Accused Cannot be Called under Section 311 Crpc Right against Self Incrimination"
• India - Crimes
K.VINOD CHANDRAN, ZIYAD RAHMAN A.A.
(Para 5) (B) Constitution of India – Article 20(3) – Right against self-incrimination – Right of an accused ... , culled out from general principles against self-incrimination, it has to be applied strictly in circumstances mentioned therein ... against self-incrimination is a right embedded in constitutional mandate of Article 20(3) and one of basic tenets of criminal jurisprudence ... The #HL_ST....
2012 0 Supreme(Mad) 4073 • India - Madras
B.RAJENDRAN
namely Section 311-A of Cr.P.C. the court below is empowered to call upon the accused to give the thumb impression and it cannot ... CRIMINAL PROCEDURE CODE, 1973 - Section 311-A & Negotiable Instrument Act, 1881 - Section 138 - In view of the statutory provision ... be said to be against the protection guaranteed to an accused under Article 20(3) of The Constitution of India - 1979 Cri LJ 17 ... Section#....
2021 Supreme(Online)(KER) 46680 • India - Kerala
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
(A) NIA Act, 2008 - Section 21 - Criminal Procedure Code, 1973 - Sections 315 and 311 - Examination of co-accused as a witness - ... Co-accused cannot testify against another accused concerning transactions linked to the same criminal conspiracy as it violates self-incrimination ... person cannot serve as a witness for the prosecution unless conditions under Sections 306 or 307 o....
2008 0 Supreme(Ker) 6 • India - Kerala
P.R.RAMAN, V.K.MOHANAN
Criminal Procedure Code, 1973 - Sections 311, 91 - Income Tax Act 1961 - Section 138(1)(b) - Constitution ... or likely to become an accused, there is no legal impediment for issuing a direction under S.91 of the Code of Criminal Procedure ... of India, 1950 - Article 20(3) - Evidence Act, 1872 - Section 139 - Crl. ... It is well established that cl.(3) of Art.20 is directed against self- incrimination by an accused#HL_END....
2008 Supreme(Online)(KER) 50322 • India - High Court of Kerala
V.K.MOHANAN, J
and 311 of the Cr.P.C., the complainant has the right to present further evidence and documents to support his case. ... He sought to reopen evidence and summon documents from the accused, which the lower court dismissed. ... Negotiable Instruments - Complaint - Negotiable Instruments Act - Sections 138, 142; Code of Criminal Procedure - Sections 91, ... It is well established that cl.(3) of Art.20 is directed against self- incrimination#HL....
2021 0 Supreme(Kar) 2 • India - Karnataka
SURAJ GOVINDARAJ
Constitution of India, 1950 - Article 21 and 22 - Criminal Procedure Code, 1973 - Section 167 - IT Engineer ... of polygraph test, no such polygraph test could be administered and even if administered, result of said test would be void and cannot ... to privacy, right against cruel, inhuman or degrading treatment and right to fair trial - Whether subsequent testimony proves to ... In fact, Section 161(2) of the Code of Criminal Procedure, 1973 merely extends #HL_START....
2013 0 Supreme(P&H) 1001 • India - Punjab and Haryana
PARAMJEET SINGH
against self-incrimination--The right of police to draw the samples from an accused person for the purpose of DNA profiling is accepted ... against self-incrimination or infringe the right of privacy. ... by law--There is no question of any infringement of the right of privacy or right against self incrimination--It is by now trite ... privilege against self incriminati....
2018 0 Supreme(Mad) 3684 • India - Madras
N.ANAND VENKATESH
an accused person who had obtained anticipatory bail, and whether the order for DNA testing amounted to self-incrimination and violated ... The petitioner also contended that the order for DNA testing amounted to self-incrimination and violated Article 20(3) of the Constitution ... of Section 53 and 53A of the Code of Criminal Procedure in the context of an accused person obtaining anticipatory bail and resisting ... The learned Counsel would further....
2021 0 Supreme(Ker) 610 • India - Kerala
K.VINOD CHANDRAN, ZIYAD RAHMAN A.A.
and his evidence cannot be used against the co-accused unless he is made an approver under Section 306 of Cr.P.C. - Whether a person ... Criminal Procedure Code - Section 306, 307, 311, 315 - Constitution of India - Article 20 (3) - Permission ... cannot be a witness against himself - That the accused and the witness were prosecuted for the same offence makes the latter an accomplice ... The right of an a....
2017 0 Supreme(AP) 53 • India - Andhra Pradesh
B.SIVA SANKARA RAO
and privacy and to compel petitioner A.1 against his wish and such invasive tests will be contrary to and of the rights against self-incrimination ... - Sections 185, 202, 203 and 204 - Criminal Revision Case is filed by Accused of Crime of Women Police Station aggrieved by the ... Constitution of India - Article 20(3), 21, 227, 20 and 21 -Criminal Law - Criminal Procedure Code Section ... against self-incrimination and personal liberty under Article....
Filter by Legal Phrase
