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Self-Incrimination (Testimonial Compulsion - Article 20(3))

Constitutional & Public Law Doctrines

Definition

The constitutional immunity protecting a person accused of an offence from being compelled through coercion, physical pressure, or statutory sanction to convey personal knowledge that incriminates them.

Example

In State of Bombay v. Kathi Kalu Oghad, the Supreme Court clarified that giving physical exemplars, such as fingerprints, signatures, or handwriting specimens, does not constitute testimonial compulsion under Article 20(3), because they are physical characteristics, not oral testimony.