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N.K.Assumi (Advocate)     25 December 2009

Extend of Constitutional safeguards in self- incrimination

Does the Constitutional safeguards of compulsion to be a witness against himself extend only to testimonial evidence or it alo include physical evidence. What is the present position in law in India.



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 4 Replies

Arvind Singh Chauhan (advocate)     25 December 2009

Thanks to give us chance to refresh our memory. Yes No one can be compelled to give evidence against himself, either it is testimonial or ohysical.

N.K.Assumi (Advocate)     25 December 2009

Arvind, what about fingerprint tests for purposes of identification, blood tests, breathalyzer tests for alcohol consumption etc?

Anish goyal (Advocate)     25 December 2009

Assumi sir good evening. Arvind is right. You may refer to judgement of supreme court in state of bombay v. kathikalu oghad 1961, a landmark on the topic

N.K.Assumi (Advocate)     25 December 2009

Good evening Anish, and thank you for the citation.


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