LAW OF EVIDENCE

SYNOPSIS

Submitted by: Ramasayi Gummadi (BC0180042)

TOPIC: A STUDY OF THE RIGHTS OF ACCUSED IN THE INDIA WITH SPECIAL

EMPHASIS ON THE CONCEPT OF MIRANDA RIGHTS

INTRODUCTION

The rights of the accused is more or less on the lines of basic human rights that have to be
conferred upon an individual irrespective of its scope under Indian and International
Legislations. Thankfully, in India we follow Adversary Justice system where the accused is
also heard out before a verdict is delivered. Now, the issue arises when the accused is
forcefully asked to incriminate oneself forcefully and is put to bars which is in gross violation
of Right against Self Incrimination as under Article 20(3) of the Constitution of India. While
the simple answer to the question, “Can an accused be allowed to incriminate oneself without
his consent?” will be a NO as under the rough reading of the aforementioned provision of the
constitution it is important to look at it in the Evidence Law’s point of view, for it is closely
attached to this concept and brings us to the concept of Miranda Rights.

In the case of Miranda v. Arizona the court was of the opinion that when a suspect is taken
into custody, before he is examined, the suspect must be made aware of the rights conferred
upon him as under 1st,5th and 6th amendments of the US Constitution. In an unforeseen event
wherein the police fail to notify the suspect with regards to the rights, the statements of the
Accused will not be admissible. As under the case the Miranda rights include- The Right to
Remain Silent, Right to Lawyer, Right to Clarification that anything that is said by the
accused will be used against himself, In this project of mine I shall try to determine the
presence of Miranda Rights with special emphasis on The Indian Evidence Act taking into
consideration the various case laws that so are applicable in determining the scope and the
nature of the same

RESEARCH OBJECTIVES

1. To map down the origin of Miranda Rights and draw a parallel with its application
under the Indian Law
 2. To analyse various case laws relating to the rights of accused and determine their
scope as under the concept of Miranda Rights
3. To Practically verify if the concept of Miranda Rights is fully established in India and
identify practical problems that it fails to solve, if any

RESEARCH QUESTIONS

Is the concept of Miranda Rights that is universally acclaimed upheld in the Indian Law?

What is the scope of Miranda Rights in the Indian Criminal Law?

HYPOTHESIS

The concept of Miranda Rights is well established under the Indian Law and it rather has a
broad scope when it comes to the practical application of the concept.

RESEARCH METHODOLOGY

The research is more or less analytical in nature wherein I’ll first attempt to define the nature
of Miranda Rights by analysing the judgement that was delivered in the case of Miranda
v.Arizona which will then be followed by comparing my observations to the already existing
rights in Constitution, Indian Evidence Act and CrPC (and relevant case laws) in order to
determine how far the concept of Miranda Rights had come in India.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
1.1. The Principles of Legality in Indian Criminal Law
1.2. Who is an accused under the Indian Criminal Law
1.3. What are Miranda Rights
2. MIRANDA V. ARIZONA- AN ANALYSIS
2.1. Facts
2.2. Judgement
2.3. Personal observations and inference of the judgement
3. RIGHT OF ACCUSED UNDER THE INDIAN LAW
3.1. Rights Under the Constitution
3.1.1. Scope of Miranda Rights when read with Constitutional Rights of
Prisoners
3.2. Rights Under the CrPC
 3.2.1. Scope of Miranda Rights when read with the Rights of Accused as under
CrPC
3.3. Rights under the Indian Evidence Act
3.3.1 Scope of Miranda Rights when read with the Rights of Accused as under
Indian Evidence Act, 1872

4. SUGGESTIONS AND CONCLUSION

REVIEW OF LITERATURE

ARTICLES

1. Richard A. Leo, The Impact of Miranda Revisited, 86 J. Crim. L. & Criminology

621 (1995-1996)
Talks in detail with reference to the impact of the judgement of Miranda Rights post
the case of Miranda v.Arizona which helps us to shortlist and analyse the nature of
such rights
2. Rogers, Richard & Harrison, Kimberly & Shuman, Daniel & Sewell, Kenneth &
Hazelwood, Lisa. (2007). An analysis of Miranda warnings and waivers:
Comprehension and coverage.
This article more or less helps us to understand the jurisprudence behind Miranda
Warnings which more of less helps us to correlate the current Indian Provisions on the
Rights of Accused with that of the Miranda Rights as ascertained in the case
3. Rogers, R., Harrison, K.S., Hazelwood, L.L. et al. Knowing and Intelligent: A
Study of Miranda Warnings in Mentally Disordered Defendants
This articles rather talks about the issues that the Miranda Warnings are yet to solve
which helps me to identify the practical application of rights pertaining to Miranda v.
Arizona in India.
4. http://www.legalservicesindia.com/article/1524/Legal-Protection-available-to-
the-accused-during-a-criminal-trial.html
An online article that gives us an overview as to the legal protection or In other terms
the rights that are granted to an accused during a criminal trial which helps us to draw
a parallel with regards to the Miranda Rights with special emphasis on the Indian
Legislations
5. https://tripakshalitigation.com/rights-of-an-arrested-person-in-india/
 An online article that gives us an overview as to the legal protection or In other terms
the rights that are granted to an accused during a criminal trial which helps us to draw
a parallel with regards to the Miranda Rights with special emphasis on the Indian
Legislations

BOOKS

1. Prof. N.R. MadhavaMenon, Law And Justice: A Look At The Role And
Performance Of Indian Judiciary, 2013.
Outlines the various principles of legality that so is considered under the Indian Law
while also placing an emphasis on determination of the definition of an “Accused
person” and a “Right” as under the Indian Law
2. MadanLal Sharma, The Role And Function Of Prosecution In Criminal Justice
Elaborates on the Rights guaranteed to accused in his cross-examination and how a
prosecution can be made on him based on his confessions in the cross-examinations
3. S.P. Srivastave, "Criminal Justice Administration in India," Indian Journal of
Criminology, Vol.15, 1987(July)
Gives an outline as to how the accused can be prosecuted as under the Indian
Criminal Law while also placing emphasis on the Rights guaranteed to them in the
process of cross examination placing reliance on the various case laws put forward
4. S. Govind Swaminadhan, Advocate General , Madras, “Investigation and
Prosecution in Criminal Cases”, Indian Journal of Criminology, 1977
Talks about the practical application of Prosecution based on the statements made by
the accused in cross examination with relevant case laws which also letting the reader
know on the procedural aspect of such rights and wherever they are found in the
Indian Criminal Law

BIBILIOGRAPHY

1. https://blog.ipleaders.in/examination-and-cross-examination-of-witnesses-under-the-
indian-evidence-act/#Lawful_Questions
2. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-
summary-miranda-v-arizona
3. https://www.srdlawnotes.com/2017/04/examination-of-witnesses-under-indian.html
4. https://www.thehindu.com/opinion/op-ed/a-case-for-abjuring-custodial-
interrogation/article29752191.ece