THE NATIONAL INSTITUTE UNIVERSITY, BHOPAL

In the partial fulfilment for the requirement of the project on the subject of Constitutional
Law II of B.A.L.L.B (Hons.), Fourth Trimester.

SYNOPSIS

Topic : Right against Self- Incrimination under Article 20(3)

Submitted to: -
Miss Kuldeep Kaur

Submitted by: -
Venkatesh Sahu
Roll No. - 2018BALLB18
Enrol No. – A-1925

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THE NATIONAL INSTITUTE UNIVERSITY, BHOPAL

INTRODUCTION
The Constitution of India is embedded with rights provided to citizens against self-
incrimination. The right against self-incrimination finds its earliest embodiment in the
medieval law of the Roman church in the Latin maxim ̳Nemon tenetur seipsum accusare‘
which means that “No man is obliged to accuse himself”. The right gradually evolved in
common law through protests against the inquisitorial and manifestly unjust methods of
interrogation of accused persons, back in the middles ages in England. Clause(3) of Article
20 declares that no person accused of an offence shall be compelled to be a witness against
himself.
OBJECTIVES
1. To study the key ingredients of this provision.
2. What are the restriction applicable on this right?
3. To understand the implications of Narco analysis test against Article 20(3)
4. To analyse the scope of section 27, Indian Evidence Act,1872.
HYPOTHESIS
Article 20(3) declares that no person accused of an offence shall be compelled to be a witness
against himself, The constitution of India raises the rule against self incrimination to the
status of constitutional status, to avail the guarantee of right against self incrimination three
principles are provided which needs to be fulfilled.
METHOD OF STUDY
The proposed piece of work is based on Doctrinal method of data collection largely based on
primary sources, secondary sources and electronic sources of data.

REVIEW OF LITERATURE
1. Constitution of India, VN SHUKLA
2. Constitution of India, DD BASU
CONTENTS
1. Introduction
2. Components conataining the guarantee
3. Narco Analysis Test
4. Section 27, Evidence Act,1872
5. DNA testing and Article 20(3)
6. Conclusion and Suggestions
7. Bibliography.

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THE NATIONAL INSTITUTE UNIVERSITY, BHOPAL

Landmark Judgements

1. Nandani Sathpathy v. P.L. Dani

2. State of Bombay v. Kathi Kalu Oghad
3. Mohd. Dastagir v. State Of Madras