The Supreme Court has ruled that all accused have a right to silence and investigators cannot force them to speak up or admit guilt The apex court emphasizes that the Constitution accords every person a right against self-incrimination.
- A bench of justices Surya Kant and Dipankar Datta said that “cooperation” with an investigation cannot mean “confession”, and thus the investigating agency cannot make out a case against the accused just because they choose to remain silent.
- The Supreme Court of India in Nandini Satpathy vs. Dani (P.L.) And Anr case (1978) gave an interpretation regarding the right of an accused person to be silent while police interrogation in relation to Article 20(3) of the Indian Constitution and Section 161(1) of the CrPC.
- The right to silence emanates from Article 20(3) of the Indian Constitution, which states that no one can be compelled to be a witness against himself.
- The provision gives an accused the right against self-incrimination — a fundamental canon of law.
