Article 20(3) (Self-Incrimination)
Definition
No person accused of an offence shall be compelled to be a witness against himself; the textual basis for the bar on involuntary narco, polygraph and brain-mapping in Selvi 2010.
- Instrument
- Constitution of India
- Provision
- Article 20(3)
- Landmark case
- Selvi v State of Karnataka (2010)
- Bars
- Involuntary narco-analysis, polygraph, brain-mapping
Common questions
Does Article 20(3) bar all forms of physical evidence collection from an accused?+
No. Courts have distinguished testimonial compulsion, which Article 20(3) protects against, from purely physical evidence like fingerprints, blood samples, or handwriting specimens, which have generally been held to fall outside the protection.
Why is this provision described as the textual basis for Selvi rather than the holding itself?+
Article 20(3) only states the general bar on compelled self-incrimination; it was the Supreme Court's reasoning in Selvi that extended this bar specifically to narco-analysis, polygraph, and brain-mapping by characterising them as testimonial.
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