Question

The concept of Miranda rights of U.S is reflected under which provision of the Indian Constitution.

• A. Art 19
• B. Art 21
• C. Art 20 (3)
• D. Art 20(1)

Hint:

Remember that while Miranda rights are a judicial creation in the US, the right against self-incrimination is expressly written into the text of the Indian Constitution under Article 20(3).

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify which provision of the Indian Constitution reflects the concept of "Miranda rights" found in United States constitutional law.

Step 2: Key Concepts and Approach:
In the US, "Miranda rights" (established in Miranda v. Arizona, 1966) require police to advise an arrested suspect of their right to remain silent and avoid self-incrimination.
We need to look at Part III of the Indian Constitution to find the equivalent protection against self-incrimination.

Step 3: Detailed Explanation:

• Article 20(3): This clause provides that "No person accused of any offence shall be compelled to be a witness against himself." This is the right against self-incrimination.

• The Core Principle: The right to remain silent during custodial interrogation is an essential part of Article 20(3). Suspects cannot be coerced into making confessions.

• Nandini Satpathy v. P.L. Dani (1978): The Supreme Court of India held that the protective shield of Article 20(3) extends not only to the courtroom trial but also to the stage of police interrogation.

• Statutory Backing: This is further supported by Section 161 of the CrPC (and equivalent provisions in the BNSS), which protects individuals from answering questions that would expose them to a criminal charge.

Step 4: Final Answer:
The concept of Miranda rights is reflected in Article 20(3) of the Indian Constitution. Hence, Option C is correct.