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Example
Case laws
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Nemo tenetur se ipsum accusare
| Literal meaning | No one is bound to accuse himself |
|---|---|
| Pronunciation | NAY-moh ten-AY-tur say IP-sum ak-yoo-SAH-ray |
An accused person cannot be forced to give evidence against themselves. It is the right against self-incrimination.
Example
A police officer cannot force a suspect to confess by threat. A confession got by force cannot be used against him.
Case laws
- State of Bombay v. Kathi Kalu Oghad (1961), Supreme Court: giving fingerprints and handwriting samples is not being a witness against oneself.
- Selvi v. State of Karnataka (2010), Supreme Court: forced narco-analysis, polygraph and brain-mapping tests violate Article 20(3).
Statutory link
Article 20(3) of the Constitution of India: no person accused of an offence shall be compelled to be a witness against himself.
Exceptions / limits
Giving physical samples such as fingerprints is not testimony, so it is outside the protection.
Exam tip
Asked with Article 20(3) and the Kathi Kalu Oghad distinction.
Memory trick
Your mouth cannot be used against you.
Key takeaway
No accused can be forced to testify against themselves.
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