JURISPRUDENCE – ARTICLE 20(3) CONSTITUTION OF INDIA

Introduction Article 20(3) Right against Self-Incrimination incorporated in the Constitution of India, 1950 enhances the legal stance of the fundamental rights provided in Part III as it is the only right which cannot be retracted by the State even during an emergency; post 44th Amendment in 1978 article 20 has been granted a non-derogable status2 . This article originated in the 16th and 17th century in England by the Puritans through ecclesiastical Courts who sought testimony from those involved in religious activities through torture and coercion by administering ex officio oath invariably making those who remained silent be pronounced guilty. The genesis of this right came from the Latin maxim ‘Nemonteneturseipsumaccusare’which implies that ‘No man is obliged to accuse himself