Introduction

Article 20(3) of the Indian Constitution is a fundamental right that guarantees protection against self-incrimination. It ensures that no person accused of an offence can be compelled to be a witness against themselves. This crucial safeguard places the burden of proof entirely on the prosecution, preventing authorities from using coercion, force, or undue pressure to extract confessions or evidence from an accused individual. By upholding the principle of ‘innocent until proven guilty,’ it protects personal liberty and dignity, serving as a cornerstone of a fair and just criminal justice system, free from arbitrary power.

Consulting a skilled advocate at the Patna Civil Court can help you understand how this right secures your legal interests. Advocate Shrishti Rani is an experienced legal professional who offers expert assistance to those pursuing justice, with expertise in criminal, civil, and divorce law matters. Effectively navigating a criminal case often depends on obtaining professional help from a top criminal defense lawyer.

Article 20(3) states: 

• According to the Indian constitution, every accused person facing charges must maintain the right to remain silent during interrogation.
• Under Article 20(3) of the Indian Constitution, an accused person maintains their right to avoid testifying when such evidence could demonstrate their criminal liability. Article 20(3) protects the essential right that “no one should be forced to accuse themselves.”

Key Features of Article 20(3)

• The constitutional right in this article extends its ability to protect only those who are named in official offense charges.
• According to Article 20(3) of the Indian Constitution, protection exists against compulsion in testimony by subjecting no one to forced testimony against themselves.
• Under Article 20(3), the laws extend their shield to written statements and all forms of coerced evidence as well as witness oral testimony.
• People who face legal accusations can exercise this fundamental right through court enforcement.

Importance of Article 20(3) in Criminal Cases

• The article protects criminal defense participants against being coerced into surrendering statements that could lead to their self-incrimination.
• The courts cannot accept statements collected through coercive methods from accused people. This prevention clause stands against improper official actions while safeguarding people from both compelled confessions and abuse while in police custody.

Scope and Applicability of Article 20(3)

1. Accused Must Be Officially Charged

This form of protection exists exclusively during official criminal accusations against a person. The provisions of Article 20(3) protect only those individuals who have been formally accused of charges against them.

2. Protection Against Forced Testimony

The admission of court evidence regarding confession or statement becomes invalid when an accused signs under duress from intimidation.

3. The legal protection described in Article 20(3) exists for both physically stressful situations and cases involving mental duress.

Any form of pressure, particularly psychological and indirect pressure, including prolonged interrogation, falls under Article 20(3) violation.

4. The Effect of Current Criminal Investigations

The court system blocks proof from confession-based evidence gathered by lie detectors or narco-analysis devices or brain-mapping tests unless someone provides evidence voluntarily.

Legal Interpretations  of article 20(3)

Article 20(3) protection received judicial support through multiple judgments issued by the Supreme Court:

1. M.P. Sharma v. Satish Chandra (1954)

According to the Supreme Court, self-incrimination extends to include spoken words and written records of evidence.

2. Nandini Satpathy v. Dani (1978)

Under this court case, the Fifth Amendment right of refusing to provide self-incrimination information became applicable before trial proceedings started during police interrogations.

3. Selvi v. State of Karnataka (2010)

According to a Supreme Court ruling, the use of narcoanalysis, brain mapping, and polygraph tests violates Article 20(3) because subjects’ consent is required.

Exceptions to Article 20(3)

• According to Article 20(3), the protections are strong, yet specific exceptions exist.
• Submitted documents made willingly by victims serve as evidence the court can use against them.
• Organic evidence such as fingerprints, as well as DNA analysis and handwriting samples, does not fall within Article 20(3) protected information.
• Under the law, a confession can be presented in court whenever someone makes it willingly without being forced by others.

How Article 20(3) Protects the Rights of the Accused

Best advocate in patna civil court, Advocate Shrishti Rani performs an essential role through her legal profession to maintain the protection of defendant rights. Her background in criminal law enables her to help victims challenge baseless claims so they avoid unmerited legal punishments. Finding the best divorce lawyer in India, along with a leading criminal defense advocate, requires selecting an advocate who possesses expertise for achieving legal triumphs.

Article 20(3) becomes applicable in the following world situations:

• A person under police interrogation possesses the power to deny confessions according to Article 20(3).
• The law forbids any court from demanding accused persons to submit evidence against themselves during court proceedings.
• Courts prohibit both forced lie detector tests and forced narco-analysis tests, so modern investigative techniques must be used in accordance with these restrictions.

How to Seek Legal Help for Cases Involving Article 20(3)

People who are having trouble with criminal proceedings should consult a knowledgeable lawyer for legal advice. As one of the top divorce lawyers in India, Advocate Shrishti Rani gives both legal advice and defense tactics that safeguard your rights.

Conclusion

The protection present in Article 20(3) of India’s Constitution ensures that criminal suspects retain their right to avoid becoming witnesses against themselves.  The judiciary has expanded Article 20(3) through significant legal decisions to establish it as one of the essential components in India’s legal framework.

Patna High Court lawyer residents should seek legal help from Advocate Shrishti Rani for Article 20(3) and criminal cases. Security through qualified legal expertise makes a substantial difference in your case, whether you require the top criminal defense lawyers or the leading divorce lawyer in India. 

Expert legal help regarding Article 20(3) and criminal defense cases is available at Chamber No. 31 in Bar Council Bhawan, which is located at Patna High Court, Patna, Bihar—800001 under the practice of Advocate Shrishti Rani.