The Law of Silence: Rights of a Person During Police Interrogation in India
Sep 29, 2025
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Introduction
Imagine, you are suddenly called in for police questioning. The room feels intimidating, officers fire questions one after another, and you wonder - Do I really have to answer everything?
The truth is, you don’t. The “right to remain silent” is one of the most important safeguards in Indian law. It exists to protect individuals from being forced to confess or provide information that could be used against them in court.
In this article, we explain the law of silence - what it means, why it matters, and what exactly your rights are during police interrogation.
Legal Basis of the Right to Silence
Article 20(3), Constitution of India
○ “No person accused of any offence shall be compelled to be a witness against himself.”
○ This protects accused persons from being forced into self-incrimination.
○ It applies only when:
■ There is a formal accusation of an offence, and
■ The question requires an answer that would directly incriminate the accused.
Criminal Procedure Code (CrPC)
○ Section 161 CrPC: Police may examine any person during investigation.
○ Witnesses must answer truthfully, but if a question would expose them to criminal liability, they can refuse to answer.
Indian Evidence Act, 1872
○ Section 25: Confessions made to police officers are not admissible in court.
○ Section 26: Confessions in police custody are invalid unless made before a magistrate.
○ Section 27: However, if a confession leads to the discovery of a fact (e.g., recovery of stolen goods), that part is admissible.
Together, these laws ensure that your silence cannot be twisted into a confession.
Landmark Supreme Court Rulings
Nandini Sathpathy v. P.L. Dani (1978)
○ The Supreme Court held that no person can be compelled to answer questions if it may incriminate them.
○ Importantly, this protection applies not just in trial but also during police interrogation.
Selvi v. State of Karnataka (2010)
○ The court ruled that techniques like narco-analysis, brain mapping, and polygraph tests without consent violate Article 20(3).
○ Reinforced that self-incrimination must always be voluntary.
D.K. Basu v. State of West Bengal (1997)
○ Court issued detailed guidelines against custodial torture.
○ Arrested persons must have access to a lawyer and be informed of their rights.
Your Rights During Police Interrogation
If you are ever questioned by police, remember:
Right to Silence: You may refuse to answer questions that could incriminate you.
Right to Legal Consultation: You can meet and consult a lawyer; in some cases, courts allow a lawyer's presence during interrogation.
Right to Be Informed of Charges: Police must disclose why you are being interrogated/arrested.
Right Against Torture/Coercion: Forced confessions are illegal and inadmissible.
Right to Be Produced Before a Magistrate Within 24 Hours: Prevents illegal detention.
Limits to the Right of Silence
For Witnesses: If you are only a witness (not accused), you must answer questions truthfully unless they incriminate you.
Independent Evidence: Even if you remain silent, police can continue investigating and collect evidence from other sources.
Special Proceedings: In areas like tax, company law, or civil proceedings, silence may sometimes allow courts to draw adverse inferences.
Why the Law of Silence Matters
Prevents Abuse of Power: Protects citizens from coercion or torture.
Ensures Fair Trial: Keeps the burden of proof on the prosecution, not the accused.
Protects Justice: Prevents wrongful convictions based on forced confessions.
Practical Tips if Called for Interrogation
Stay calm and polite, assert your rights respectfully.
Ask for your lawyer to be present or at least consult with them.
Never sign blank papers or forced statements.
Ask for details of FIR/charges before answering.
Remember, you are not legally obliged to incriminate yourself.
Conclusion
The law of silence is not about hiding guilt, it is about upholding justice. Indian law recognizes that nobody should be forced to become a witness against themselves.
So if you ever find yourself in an interrogation room, remember: silence is not weakness, it is your legal shield.
At Pairvii Legal, we believe legal awareness empowers every citizen. Knowing your rights today may save you tomorrow.
