Tag: Article 20(3)

Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

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~By Pragun Goyal Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given an opportunity to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity … Continue reading Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

Virendra Khanna v State of Karnataka –Passwords and the Dilution of the Right Against Self-Incrimination

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-By Kashish Khandelwal In Riley v California, while holding that an accused cannot be forced by the police to reveal their password, the US Supreme Court observed that owing to the rapid development of technology, the majority of the people “typically carry a cache of sensitive personal information” in their pockets. However, this has also … Continue reading Virendra Khanna v State of Karnataka –Passwords and the Dilution of the Right Against Self-Incrimination