RIGHT AGAINST SELF-INCRIMINATION

Authors

  • Syed Fahad Saeed 2nd Year B.A. L.L.B. Student, Institute of Law, Nirma University Author

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DOI:

https://doi.org/10.55662/

Abstract

In this paper, the researcher deeply analyses the right against self-incrimination & its various aspect. The research paper starts by into consideration the history in various countries relating to the right against self-incrimination which has led to the framing of such a law. The golden rule in criminal justice system i.e. the prosecution has to prove the guilt of the accused is one of the basic foundations of the right against self-incrimination. The research paper also deals with the 5th amendment in U.S. Constitution which was taken from Locke’s Bill of Rights & which introduced the right against self-incrimination in the U.S. Article 20(3) of the Constitution of India deals with the right against self-incrimination which states that “no person shall be compelled to be a witness against himself”. The research paper also contains the views of various jurists on the right against self-incrimination. In this paper, the researcher has also made an attempt to clearify the meaning of compulsion as mentioned in Article 20(3). Further, this research paper tries to answer questions such as-Which scientific Techniques cannot come under the ambit of medical examination as mentioned in sections 53 & 54 of the CrPC & the difference between ‘furnishing evidence’ & ‘to be a witness’.

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Published

30-04-2019

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Copyright © 2026 by Syed Fahad Saeed

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How to Cite

Syed Fahad Saeed. “RIGHT AGAINST SELF-INCRIMINATION”. International Journal of Legal Developments & Allied Issues, vol. 5, no. 2, Apr. 2019, pp. 118-24, https://doi.org/10.55662/.

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