INTEROGATION IN CRIMINAL CASE:
RAMESH TEKWANI
(Querist) 15 June 2008
This query is : Resolved
INTEROGATION IN CRIMINAL CASE:
What are the rights of a person who is arrested in any criminal case with respect to investigation?? Is he supposed to answer questions put forward by the police??? Does he have any right to remain quite during the interrogation and claim that it is police who has to prove him guilty??? Like in USA, the accused person can remain silent while in custody. But again, if he remains silent, can the court grant continuous custody on the police request that accused is “not co-operating”???
Are there any rulings by SC in this regard???
Secondly, it has become a trend to put an accused under lie detector tests, narco-analysis without his consent…can he refuse to do so??? Can he get immediate relief from any court anytime during the day???
deepak kumar
(Expert) 15 June 2008
a person has got every right to remain quite during investigation and even during trial and it is the prosecution that has to prove it's case beyond reasonable doubt.
The court can not grant continuous custody to police and the provision in that regard has been detailed in section 167(2) of the code of criminal procedure.
a person has every right to refuse the lie detector or narco analysis test but then the presumption will go against him.
RAMESH TEKWANI
(Querist) 15 June 2008
Thank you Mr. Deepak Kumar. But I have observed that in many such cases court goes on extending the remand of the accused on the demand of the police/CBI that the accused has not made any statement or not co-operating with the police in giving answers (read: as per their liking).
Secondly, if the police resort to any threats or physical abuse of the accused, can the accused demand appearance before the court before the next hearing date and complain to the court about the police???
deepak kumar
(Expert) 15 June 2008
as statd earlier there is a provision in the CrPC regarding giving of custody kindly go through the relevent section if the CrPC is available to you.
the accused has to be produced before magistarte within 24 hrs and at that time he may demand to be examined by a doctor so as to prove that he does not have any injury before remand is given, similarly the accused may complain against the police to the magistrate when he is produced before him again.
J K Agrawal
(Expert) 15 June 2008
The Doctrine of Self Incrimination is applicable in India. It is provided as fundamental right and incorporated in part 4th of the Constitution of India. As per article 20 (3) no body can be compelled to give evidence against himself. But when the accused keeps mum even if some thing can be derived from him that can be availed by investigating agency. For example finger print impressions, DNA samples or blood samples, photograph of accoused ect as per section 27 evidence act. The statement of accused are not admissible in evidence as per section 26 of evidence act. If accused is tortured to confess an offence it is in violation of Fundamental Rights. The accused can move a Writ Petition to the High Court or the Supreme Court against it. Writ can be presented even when the accused is in custody or any body else can move a writ petition. Signature of victim is not required if he is in custody.
arunprakaash.m.
(Expert) 16 June 2008
Please refer mr. NANDINI SATHPATH VS CBI. for your query.
