Right Against Self-Incrimination [UPSC Notes]

In Feb 2023, Manish Sisodia, the Deputy chief minister of Delhi, was detained in association with an alleged liquor scam due to his role in the destruction of evidence. The minister attempted to use the right against self-incrimination in his defence. In this context, you need to understand what is the right against self-incrimination, it is a part of the UPSC exam polity segment.

Right against Self-incrimination

• The right against self-incrimination is a legal principle that grants individuals the right to refuse to answer questions or provide evidence that could be used to incriminate themselves in a criminal case. This right is often referred to as the privilege against self-incrimination or the right to remain silent.
• The right against self-incrimination is based on the Fifth Amendment to the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.” This principle is also recognized in many other legal systems around the world.
• The right against self-incrimination is an important protection for individuals who are accused of crimes. It ensures that they cannot be forced to provide evidence that could be used against them in court, and it helps to prevent coerced confessions or false testimony.

News in Detail: 

• Manish Sisodia, the deputy chief minister of Delhi, had petitioned for bail in the excise policy issue, but the Supreme Court declined to hear it. When Sisodia had the option of petitioning the High Court under Section 482 of the CrPC, the Supreme Court disapproved of his direct approach to it pursuant to Article 32 of the Constitution.
• Sisodia was given detention by special CBI judge M K Nagpal on the grounds that he “failed to furnish adequate answers” during the course of the probe.
• Sisodia’s attempts to assert his right to self-incrimination had been dismissed by the court.

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