The Durgapur police forced me to confess during interrogation. Can I use the Constitution against this?
LA Asked by Lata Mangesh from India
Quick Answer
Article 20(3) of the Constitution protects against self-incrimination; no accused can be compelled to be a witness against themselves.
Detailed Legal Analysis
Article 20(3) of the Constitution protects against self-incrimination; no accused can be compelled to be a witness against themselves. A confession obtained by coercion is inadmissible under Section 23 BSA, 2023 and violates Article 20(3).
File a complaint with the magistrate at the next hearing and the State Human Rights Commission. Approach Calcutta High Court under Article 226 for a writ quashing the confession and any FIR based on it.
The Supreme Court in Nandini Satpathy (1978) upheld the right to silence during interrogation. Preserve the medical report, if injuries exist, and the confession record as evidence.
Refer to West Bengal Premises Tenancy Act 1997 for any state police conduct rules in West Bengal.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.