What Is 'Right To Remain Silent'? How It Works In India
The Bombay High Court, in a significant ruling, has emphasized that the right to remain silent should not be equated with non-cooperation. The court made this observation while criticizing the arrest of the Kochhar couple by the Central Bureau of Investigation (CBI) in the ICICI loan fraud case. The court deemed the arrest as an "abuse of power" lacking proper legal consideration.
Let us understand what this RIght is all about.
A Brief History of RIght To Remain Silent
The "Right to Remain Silent" is a legal principle that protects individuals from self-incrimination during interactions with law enforcement. This right is often associated with the Miranda warning.
The right to remain silent 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." It is a fundamental right aimed at preventing individuals from being coerced or pressured into providing potentially incriminating information.
When a person chooses to exercise their right to remain silent, they are indicating that they do not wish to answer questions or make statements that could be used against them in a court of law. This right is crucial to protecting an individual's constitutional rights and ensuring a fair legal process.
It's important to note that the right to remain silent applies not only during formal arrests but also in various interactions with law enforcement where a person may reasonably feel that their responses could be used against them. However, individuals must explicitly invoke this right by stating that they wish to remain silent, as the right may be waived if not asserted.
What Is Miranda Warning?
Miranda Warning refers to a set of rights that individuals must be informed of upon their arrest by law enforcement in the United States. This warning is derived from the landmark U.S. Supreme Court case Miranda v. Arizona (1966). The purpose of the Miranda Warning is to ensure that individuals are aware of their constitutional rights, especially the right against self-incrimination under the Fifth Amendment.
The typical Miranda Warning includes the following key elements:
The right to remain silent: Suspects are informed that they have the right to remain silent and that anything they say can be used against them in court.The right to an attorney: Suspects are informed of their right to have an attorney present during questioning, and if they cannot afford one, an attorney will be provided for them.The warning that anything said can be used against them: Individuals are cautioned that any statements made during questioning can be used as evidence in a court of law.
Law enforcement is required to provide the Miranda Warning before interrogating a suspect who is in custody or under arrest. If the Miranda Warning is not given, any statements made by the suspect during questioning may be deemed inadmissible in court. This legal safeguard aims to protect individuals' constitutional rights during the criminal justice process.
How Right To Remain Silent Works In India?
In India, the right to remain silent is not explicitly codified in a manner similar to the Miranda Warning in the United States. However, the right against self-incrimination is recognized under Article 20(3) of the Constitution of India, which states that no person accused of an offense shall be compelled to be a witness against himself.
While the Miranda Warning is not a formalized practice in India, individuals do have the right to refuse to answer questions that may incriminate them during police interrogations or court proceedings. This right is an essential aspect of the broader right to a fair trial and protection against self-incrimination.
In practical terms, individuals in India can exercise their right to remain silent by:
Refusing to Answer Questions: Individuals have the right to refuse to answer questions asked by law enforcement officials if the answers may lead to self-incrimination.
Seeking Legal Counsel: Individuals have the right to consult with a lawyer before making any statements to the police. Legal counsel can guide them on what statements to make and help protect their legal interests.
Not Volunteering Information: Individuals are not obligated to volunteer information that may be used against them. They can choose to remain silent until they consult with legal counsel.
It's important to note that the right against self-incrimination is a fundamental protection, and individuals are encouraged to be aware of their rights and seek legal advice when needed. While India does not have a formalized Miranda Warning, the principles of fair treatment, legal representation, and protection against self-incrimination are inherent in the criminal justice system.
