Violation Of The Right Against Self- Incrimination In Light Of The Criminal Procedure (Identification) Act 2022
Shivakami. V, Christ University, Bangalore
ABSTRACT
The paper delves into the violations caused by the implementation of the Criminal Procedure Identification Act, 2022 about the right against self-incrimination within India's criminal justice mechanism. It seeks to assess the Crime Control Model and the Due Process Model, emphasizing the landmark case of Selvi v State of Karnataka, which highlighted the shift to the Due process model for the preservation of personal liberty and the prevention of testimonial compulsions, especially concerning advanced techniques like narcoanalysis, polygraph tests, and brain mapping. However, the recent enactment of the Criminal Procedure Identification Act, 2022 introduces provisions which are vague and open to potential misuse by authorities. The Act has disregarded the Court’s extended protection in the realm of the right against self-incrimination enshrined under Article 20(3) of the Indian Constitution. The appropriate measure to be undertaken is to strike a balance and ensure conformity between the protection of individual rights and investigative methods.
Keywords: Right against self-incrimination, Selvi case, Crime Control Model, Due Process Model, Criminal Procedure Identification Act, personal liberty.
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