The Right of Privilege against the Self- Incrimination

Self-incrimination privilege is an essential legal principle that protects individuals from being compelled to provide evidence or testify against themselves in criminal proceedings. The privilege against self-incrimination derives from the belief that a person should not be required to testify against themselves, as this violates the principles of equity and the presumption of innocence. Article 20(3) of the Constitution of India recognises and protects the privilege against self-incrimination in India. This provision states that no person accused of a crime shall be required to testify against themselves. This constitutional protection guarantees that no one can be compelled to make self-incriminating statements or produce evidence that could be used against them in a criminal trial. In the Code of Criminal Procedure, 1973 the concept of privilege against self-incrimination is strengthened and elaborated. By Section 161 of the Criminal Procedure Code, individuals are not required to answer incriminating questions posed by a police officer during an investigation. In addition, Section 313 of the Criminal Procedure Code grants the accused the right to remain mute during the trial and not be compelled to answer any inquiries that could incriminate them.