LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Swami Sadashiva Brahmendra Sar (Nil)     03 June 2010

Right to silence

Los Angeles Times June 3, 2010 :

"A Michigan man exercised  right to silence by refusing to talk to police for nearly three hours. His interrogators asked him if he had asked God for forgiveness for shooting another man to death.  The US Supreme Court ruled 5 to 4 that his one-word answer — "Yes" — was admissible because he hadn't explicitly invoked his right to silence to stop the police questioning."

Dear friends, since above verdict has been given by majority, it invites serious debate on Law of evidence. Further, is above statement admissible under Indian Evidence Act, had it been a case before Indian Court?



Learning

 2 Replies

Daksh (Student)     04 June 2010

Dear Dr.Tripathi,

In india silence means "implied admission". (more so the Indian Police at any given time at any given place can make any body sing their melody).  On a serious note the theory of corroboration and other circumstantial evidence together also hold good.

Best Regards

Daksh

Arup (UNEMPLOYED)     05 June 2010

IN INDIA, RIGHT TO SILENCE IS A RIUHT UNDER ART 21 COI. THE ACCUSED AND THE WITNESS BOTH HAVE THIS RIGHT. IT IS NOT EQUAL OR EQUIVALENT TO ADMISSION A THING.BUT PREPONDENCE OF PROBABILITY AGAINST THE ACCUSED.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading