Accused have right to silence, can't be forced to speak: SC
Hindustan Times|July 14, 2023
TOP COURT CITES ARTICLE 20(3) - DOWRY HARASSMENT, ASSAULT CASE
Utkarsh Anand
Accused have right to silence, can't be forced to speak: SC

All accused have a right to silence and investigators cannot force them to speak up or admit guilt, the Supreme Court said on Thursday, emphasising 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.

"Cooperation cannot mean confession... Why cannot he (accused) choose to remain silent? When the Constitution gives every person a right to remain silent, how can this be raised against as an argument of non-cooperation?" asked the bench, as it heard a criminal case from Uttar Pradesh.

This story is from the July 14, 2023 edition of Hindustan Times.

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This story is from the July 14, 2023 edition of Hindustan Times.

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