by Police - Bureau of Police Research and Development

The Indian Police Journaldeviance must be visited with prompt punishment sincepolicemen may not be a law unto themselves expecting othersto obey the law…there is public policy, not complimentary tothe Police personnel, behind this legislative proscription, whichkeeps juveniles and females from police company except atthe former’s safe residence. May be, in later years, community entitled to better trust and soften the stigmatization or suspiciousprovisions now write across the Code.” 4The Supreme Court observed that this provision is provided to protectthe juveniles and women from Police Company. Community at thisCompelled Testimony and Right to Silencewith the fact and circumstances. Accused person may also be examinedto answer all the questions put to him except incriminatory questions.In case of not answering or refusal to answer non-incriminatoryquestions, person is liable to be punished u/s 179 IPC. Further, answermust be true otherwise person is liable to be punished u/s 179 IPC. Buta person interrogated is protected against incriminatory questions andin case of incriminatory question, a person is not bound to answer asfor not answering incriminatory questions a person has right u/s 161(2),but if a person is answering such questions, answers must be true. Noimmunity is provided in this reference. Incriminatory questions maynot be answered, but if answered, must be true.“Sec. 161(2): Such person shall be bound to answer truly allthan questions the answer to which would have tendency toexpose him to a criminal charge or to a penalty or forfeiture.” interrogation, therefore, immunity is provided not to answerincriminating questions. In Sec. 163 Cr.P.C., express direction isgiven that no statement can be obtained by using threat, promise or January - March, 2013123