Right Against Self-Incrimination
/sɛlf ɪnˌkrɪmɪˈneɪʃən/
Constitutional / Criminal Law Right
Images
CC-licensed · free to useVideo
Definition
The constitutional right of an accused person not to be compelled to be a witness against themselves. Article 20(3) of the Indian Constitution states: 'No person accused of any offence shall be compelled to be a witness against himself.' It covers both oral testimony and documentary evidence. The right does not extend to physical evidence (blood samples, fingerprints) that is merely taken from the accused, but it does protect against compelled confessions.
Examples
Case Study
In Selvi v. State of Karnataka (2010), a Constitution Bench of the Supreme Court held that narco-analysis, brain mapping (BEAP), and polygraph tests administered without the accused's consent violate Article 20(3) and Article 21. Forcibly extracting information from the mind of an accused is compelled testimony — even if administered scientifically.
Key Cases
Selvi v. State of Karnataka
2010(2010) 7 SCC 263
Narco-analysis, brain mapping, and polygraph tests administered without consent violate Articles 20(3) and 21. Compelled extraction of information from the accused's mind is unconstitutional regardless of scientific basis.
View on Indian Kanoon →