CHANGING DIMENSIONS OF RIGHT AGAINST SELF-INCRIMINATION: AN ANALYTICAL STUDY

Abstract

Right against self-incrimination is recognized as a Fundamental Right under the Indian Constitution. It is based on the maxim “nemo tenetur seipsum accusare” which implies that no man shall be obliged to be a witness against himself. The right is recognized in various International Conventions and Declarations. The right has also been incorporated as a right of accused in different countries. The Apex Court of India has emphasized time and again the significance of the right in its various Judgments. However, with the growth of Science and Technology, the dimensions of Right have undergone a considerable change. It has raised the issues of Testimonial Compulsion and violation of Rights of the accused. The present paper will be an attempt to examine the Impact of growing technology in relation to right against self-incrimination and effort will be made to analyze whether the growth of Science and Technology has in fact resulted or not in violation of the right.