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    Question

    Which Article of the Constitution of India safeguards a

    person’s right to remain silent in judicial proceedings initiated against him?
    A Article 19 Correct Answer Incorrect Answer
    B Article 20 Correct Answer Incorrect Answer
    C Article 21 Correct Answer Incorrect Answer
    D Article 22 Correct Answer Incorrect Answer

    Solution

    Right to Silence in Court: â—Ź The right to not speak against himself or to remain silent is given to an accused, this right is recognized around the globe. In India, it forms a part of Right to self-incrimination under Article 20(3) of the Indian Constitution. It is considered the duty of the prosecution to prove a person guilty until proven otherwise he remains an innocent man. In India, criminal law has vested the citizens with this right under various provisions. â—Ź Article 20(3) of the Indian Constitution states that no one can be compelled to be a witness against himself, the right to remain silent emanates from this very Article. The provision enables the citizens to enjoy the right against self-incrimination which is a fundamental canon of law. The privileges under this right are: The accused is presumed to be innocent; The prosecution has to prove him guilty; He cannot be compelled to give any witness.

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