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

  • Jigyasa Rawat and Priyadarshani Tiwari
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  • Jigyasa Rawat

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Priyadarshani Tiwari

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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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

DOI: https://doij.org/10.10000/IJLMH.117562

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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.

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