Right Against Self-Incrimination
The Right Against Self-Incrimination is a fundamental legal principle that protects individuals from being forced to testify against themselves or provide evidence that could be used to convict them of a crime. It’s a key safeguard in criminal law and human rights.
Overview
What it means: You cannot be compelled to say or do anything that would implicate yourself in a crime.
Purpose: To protect the accused’s right to a fair trial and prevent abuse by authorities.
Common expression: “You have the right to remain silent.”
Right Against Self-Incrimination in Different Legal Systems
India (Constitutional Provision)
Article 20(3) of the Indian Constitution states:
"No person accused of any offence shall be compelled to be a witness against himself."
This means:
An accused cannot be forced to give evidence or confession that may incriminate them.
The protection applies only to accused persons (not to witnesses or others).
It is a fundamental right and part of the protection against arbitrary state action.
United States (Fifth Amendment)
The Fifth Amendment provides protection against self-incrimination.
People can “plead the Fifth” to refuse answering questions that may incriminate them.
Applies broadly in criminal cases and during police interrogations.
What does this right cover?
Protection from forced confessions.
Protection from compelled testimony or answers during investigation or trial.
Cannot be punished for refusing to answer questions that might incriminate oneself.
Does not protect against voluntarily giving testimony or evidence.
Limitations
The right is generally limited to criminal cases.
It applies only when the testimony or evidence might incriminate the person.
Does not protect from producing physical evidence (e.g., fingerprints, blood samples).
In some jurisdictions, silence can sometimes be held against a defendant under specific circumstances.
Why is it important?
Prevents coerced confessions.
Maintains the presumption of innocence.
Ensures due process and a fair trial.
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