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Research Paper Volume 7 Issue 3 746 - 764 May 16, 2024

The Right to Silence vs. The Science of Interrogation: Re-Evaluating Self-Incrimination in the Digital Age

Lead author · Corresponding
Jigyasa Rawat
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Co-author
Priyadarshani Tiwari
Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Abstract

The intersection of the right to silence and the evolution of interrogation techniques, fueled by rapid technological advancements, necessitates a critical reassessment of self-incrimination principles, especially within the digital domain. This article delves into the complex dynamics of traditional legal protections against self-incrimination in the face of innovative digital interrogation methods, with a focus on the Indian legal landscape. Through an exploration of historical perspectives, constitutional foundations, and the transformative impact of technology on interrogation practices, it examines the challenges and opportunities presented to the legal framework. The discussion is enriched by a comparative analysis with international standards, a review of scientific and ethical implications of modern interrogation technologies, and a critique of the legal and practical ambiguities they introduce. By analyzing landmark Supreme Court judgments and proposing future directions for the legal treatment of self-incrimination in a digital age, the article contributes to the broader discourse on balancing individual liberties with the demands of effective law enforcement.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 746 - 764
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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