Published Paper Details:

The right against self-incrimination is a cornerstone of criminal justice system, aimed at protecting individuals from being compelled to testify against themselves. Article 20(3) of the Indian Constitution provides for the right against self-discrimination and this right has been interpreted and reinforced by the Indian judiciary to uphold the principles of personal liberty, due process, and fairness in criminal trials. This study explores the constitutional and statutory framework governing the right against self-incrimination in India, with a particular focus on recent legislative developments under the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The research delves into key statutory provisions such as Sections 137 and 23 of the BSA and Sections 181 and 183 of the BNSS, analysing how they align with or diverge from constitutional protections. It further examines judicial interpretations that have shaped the contours of this right, especially in the context of scientific investigative techniques like narco-analysis, polygraph tests, and brain mapping. The study also identifies pressing challenges, including the testimonial vs. physical evidence dichotomy, inadequate procedural safeguards, and emerging threats from digital surveillance. Through doctrinal and case law analysis, the study concludes that while the Indian legal system offers robust constitutional guarantees against self-incrimination, statutory implementation and enforcement remain inconsistent and underdeveloped. The paper offers a set of practical suggestions for legislative reform and judicial clarity to strengthen the protection against involuntary self-incrimination in both conventional and emerging investigative contexts.