“nemo teneteur prodre accussare seipsum” No man is bound to accuse himself. The protection against self incrimination is provided under Article 20 clause 3 of Indian Constitution which states that, no person accused of any offence shall be compelled to be a witness against himself. The statement given by the accused, stating him guilty voluntarily without force will not lead to any violation of Article 20(3) of the Indian Constitution. No testimonial compulsion should be made to the alleged accused to state himself guilty of any offence. The Indian constitution has adopted this provision from the American constitution which states that “No person shall be compelled in any criminal case to be a witness against himself”. This provision gives the accused, the Right to be silent as it is also interpreted in Article 19 of the Indian Constitution, which in wider aspect includes Right to remain silent in the Right to Speech and Expression. . The new scientific techniques such as n...
