Article 20(3) of the Constitution provides that 'no person accused of any offence shall be compelled to be a witness against himself'. This is the constitutional
ARight to free trial
BRight against self-incrimination — corresponding to the privilege against self-incrimination in common law
CRight to bail
DRight to compensation
Answer & Solution
Correct answer: B. Right against self-incrimination — corresponding to the privilege against self-incrimination in common law
Article 20(3) codifies the privilege against self-incrimination. The leading authorities are State of Bombay v Kathi Kalu Oghad (1961) — restricting it to communicative testimonial compulsion — and Selvi v State of Karnataka (2010) extending it to narcoanalysis, brain mapping and polygraph.
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