Guidelines to Magistrate for proper discharge of criminal work
It was also urged that recourse to
inherent powers becomes necessary as the trial
courts have no power to look into
unimpeachable material which could show that
trial is unwarranted & that such material can
be noticed only by the High Court in exercise
of inherent powers. This argument does not
seem to be jurisprudentially sound. The right
of the accused to silence need not be equated
Page 167 of 187to obligation to remain silent. It is not
clear as to how a person who is to face a
trial could be forced to remain silent.
Historical basis for the right of silence
recognised in a person accused
https://www.lawweb.in/2012/11/guidelines-to-magistrate-for-proper.html
