Right to Silence in India – An Analysis of its Scope, Use and Efficacy

This article aims to understand the scope of the right to silence in India with respect to criminal cases. Incidents involving coercion on accused with an aim to extract evidence is a common occurrence in this country. Had the Constitution framers not included the right against self-incrimination, then the incidents of custodial brutality, compelled testimony would have been even higher. Inspite of the right guaranteed to the citizens under article 20(3) of the Constitution against self-incrimination, use of physical, psychological, emotional duress on the inmates by the investigation officials have made detrimental impacts on the effect of the justice delivery system. Right to silence, if properly extended to the accused, can help in curtailing incidents of compelled testimony. The right to silence provides a scope as comprehensive as possible in order to save the accused from undue vilification by the investigating agencies to Court officials. Therefore, right to silence can hence be called as a legal safeguard against answering or to refuse answering any question put forward to any accused by the Court or any official authorised to interrogate the accused, if that question has a potential to incriminate him or her.