The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India.

This article focuses on section 313 of the Code of Criminal Procedure (CrPC) 1973 in India, which grants the accused the right to be questioned about incriminating evidence without being compelled to self-incriminate, thereby upholding the principles of natural justice and the right to a fair trial under Articles 20(3) and 21 of the Indian Constitution. It critically examines the evolving judicial practice of drawing adverse inferences from an accused’s silence during such questioning, particularly highlighted in the recent Supreme Court case Prahlad v. State of Rajasthan, and argues that this practice conflicts with constitutional protections. The article also compares India’s approach with international jurisdictions like the United States, Canada, Italy, Japan, and the UK, noting that India’s protections against self-incrimination are narrower. Finally, it calls for judicial and legislative reforms to better safeguard the accused’s right to silence and ensure fairness in criminal trials.