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Showing posts with the label Self-Incrimination

Taking Fingerprint of Accused Doesn't Breach His Right Against Self-Incrimination

In STATE OF U.P vs  SUNIL, settling a doubt which has troubled crime investigators for long, the Supreme Court has ruled that asking an accused to give finger or foot prints for investigation purposes did not violate his fundamental right to protect himself from becoming a witness against himself. The question before a bench of Justices Pinaki Chandra Ghose and Rohinton Fali Nariman was "whether compelling an accused to provide his fingerprints or footprints etc would come within the purview of Article 20(3) of the Constitution of India, that is compelling an accused of an offence to be a 'witness' against himself"? This question arose in a case involving the murder of four persons of a family in Etawah in September 2000. The main accused died during the trial but his alleged associate, who had refused to give finger and foot prints to the investigating officer despite a direction from the trial court, was convicted of the crime and sentenced to death. The HC ac...