by Police - Bureau of Police Research and Development

The Indian Police Journalthe protective scope of Article 20(3) extends to the investigativestage in criminal cases and when read with Section 161(2) of thesuspects as well as witnesses, who are examined during aninvestigation. The test results cannot be admitted in evidenceif they have been obtained through the use of compulsion.Article 20(3) protects an individual’s choice between speakingand remaining silent, irrespective of whether the subsequenttestimony proves to be inculpatory or exculpatory…we have alsoelabrated how the compulsory administration of any of these of an individual. It would also amount to ‘cruel, inhuman ordegrading treatment’ with regard to the language of evolvinginternational human rights norms. Furthermore, placing reliancewith the ‘Right to Fair Trial’. Invocations of a compelling publicinterest cannot justify the dilution of constitutional rights, suchas the ‘Right against Self-incrimination’. In the light of theseconclusions, we hold that no individual should be forciblysubjected to any of the techniques in question, whether in thecontext of investigation in criminal case or otherwise. Doing sowould amount to an unwarranted intrusion into personal liberty.However, we do leave room for the voluntary administration ofthe impugned techniques in context of criminal justice, providedthat certain safeguards are in place….” 8 examines number of persons, but every person’s statement may not beto decide whether the statement be put into writing or not. But whenthat “he shall make a separate and true record of the statement of eachsuch person whose statement he records”. into writing means he has recorded the statement u/s 161(3) Cr.P.C.,it shall not be signed by person interrogated. Sec. 162(1) Cr.P.C.makes complete prohibition over signing of recorded statement. Thisprovision is given to check abuse of police power. In case of signed126 January - March, 2013