Indian Law
See also: Judiciary of IndiaNo person accused of any offence shall be compelled to be a witness against himself.
Article 20 (3), Constitution of IndiaA survey of the current law in various countries reveals that in USA, Canada and India in view of the constitutional provisions against self incrimination the Courts have required the prosecution to prove guilt beyond reasonable doubt and there has been no encroachment whether at the stage of interrogation or trial, into the right to silence vested in the suspect or accused.
It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one's mind is being resorted to, thereby nullifying the validity and legitimacy of the Right to Silence.
Read more about this topic: Self-incrimination
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