Self-Incrimination under Article 20 of the Indian Constitution:
Article 20(3) of the Indian Constitution provides protection against self-incrimination. It states: "No person accused of any offence shall be compelled to be a witness against himself."
This clause embodies the principle that individuals cannot be forced to give testimony or evidence that might incriminate them in a criminal proceeding. Here are some key aspects and interpretations of this provision:
1. Scope: This protection applies specifically to criminal trials and proceedings. It means that during the process of investigation, trial, or any other stage, an accused cannot be compelled to be a witness against himself/herself.
2. Nature of Protection: The protection provided by Article 20(3) is not absolute. Courts have held that this protection extends only to oral testimony and not to physical evidence. For instance, taking fingerprints, blood samples, or conducting a medical examination does not violate this protection. However, compelling an accused to sign a confession or provide oral testimonies would.
3. Voluntary Confessions: While the provision protects individuals from being compelled to provide testimonies against themselves, voluntary confessions made in the presence of a magistrate and in accordance with the law are admissible as evidence.
4. Narco Analysis, Polygraph Tests, and Brain Mapping: These investigative techniques, often depicted in popular media, have been subjects of judicial scrutiny in India. The Supreme Court in its judgments has stated that forcing an individual to undergo such tests violates the protection against self-incrimination under Article 20(3). Any information or material obtained from these tests cannot be considered as evidence unless they are made voluntarily.
5. Relation to Police Custody: The provision also relates to the practice of obtaining confessions under police custody. The Indian Evidence Act provides that confessions made to the police are not admissible as evidence, as there's a potential risk of the confession being coerced. This principle is in consonance with the protection against self-incrimination.
In essence, Article 20(3) ensures that the criminal justice system operates fairly and that individuals' rights are preserved even when they are accused of an offence. The provision prevents potential misuse of power by the state and ensures that convictions are based on solid evidence rather than coerced admissions.
