Right to remain silent

Recently, Supreme Court judge Justice Ujjwal Bhuyan upheld the right of an accused to remain silent during interrogation while granting bail to Delhi Chief Minister Arvind Kejriwal.

Supreme Court's decision

• In a two-judge bench headed by Justice Surya Kant, Justice Ujjwal Bhuyan gave his dissenting opinion that the investigating agency cannot draw any adverse conclusion against an accused if he remains silent.
• According to the Justice, the accused has the right to remain silent and he cannot be forced to give a defamatory statement against himself.

As a constitutional right

• Justice Bhuyan cited Article 20(3) of the Constitution to say that an accused person should not be compelled to testify against himself.
• According to the Justice, the protection against self-incrimination is not limited to testimony in court but also during the pre-trial stage at the time of interrogation or questioning by the police or a law enforcement agency.
  • This constitutional protection is thus available even to a person who has been formally charged even if the actual trial has not commenced.