Self Incrimination
- ByAdmin --
- 20 Apr 2024 --
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SELF INCRIMINATION
Self-incrimination is defined as providing details that implies one's involvement in a crime or subjecting oneself to criminal prosecution.
Article 20(3) of the Indian Constitution - Nobody who is accused of a crime can be forced to testify against themselves.
The right to self-incrimination is guaranteed in Article 20(3) of the Constitution, and it applies to individuals who are accused while providing their testimony.
Elements:
- At the time the testimony is given, the individual must be the one who is accused.
This right is specifically for individuals accused of committing a crime, meaning "a person who has been formally accused of committing a crime which could lead to prosecution." Article 20(3) applies only when such a formal accusation is made.
- The testimony is relevant to the criminality of the person who made it.
It must be proven that the individual was forced to give a statement that could incriminate them or indicate their guilt for the crime.
- The creator was compelled to provide this testimony.
If an individual is urged to undergo an inquiry, compulsion is a necessary factor, but if someone confesses without being enticed, coerced, or promised anything, Article 20(3) does not come into play.
In the case of Ku. Urja Jain vs. The State of Chhattisgarh & Anr.[1], WP (Cr.) No.483 of 2022, a division bench consisting of Honourable Shri Sanjay K. Agarwal and Honourable Shri Radhakishan Agrawal at the Chhattisgarh High Court noted that Article 20(3) of the Indian Constitution serves to safeguard the accused from being compelled to give testimony, thereby rendering Section 91 of the CrPC, which pertains to the issuance of summons to produce documents or other items, inapplicable.
Application of Article 20(3)
- The right against self-incrimination applies to both spoken testimony and written evidence.
- Nonetheless, it does not apply when there is a mandatory requirement to present physical objects,
- when there is compulsion to provide thumbprints, signature samples, or blood samples,
- Or when there is a mandatory display of the body.
- Moreover, this right applies exclusively to criminal cases and not to civil cases or other non-criminal proceedings.
The Kerala High Court recently issued a ruling stating that according to Section 5 of the Criminal Procedure (Identification) Act, 2022, a magistrate has the power to instruct individuals facing criminal charges to provide their signatures and handwriting samples, even if they have not been formally arrested.
In the matter of Faizal KV v State of Kerala & Anr . CRL MC NO. 5660 OF 2023[2], it has been stated by the Kerala High Court that Magistrates are empowered to instruct the collection of handwriting samples from the accused for investigative purposes until specific provisions are outlined in the CrPC. This judgment confirms that such instructions do not automatically violate Article 20(3) of the Constitution, which grants the right against self-incrimination.
Conclusion:
Article 20 (3) offers protection from self-incrimination and grants the accused the privilege to refrain from speaking about any issue that could implicate them. This protection also applies to individuals who are forced to testify. This principle is rooted in the legal maxim "nemo teneteur prodre accussare seipsum," which asserts that "No individual is required to testify against themselves."
[1] WP(Cr.) No.483 of 2022
[2] CRL MC NO. 5660 OF 2023
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