1.

Proposed Title of the Study

HUMAN RIGHT OF ACCUSED AND USE OF MODERN TECHNOLOGY IN
CASE OF SELF-INCRIMINATION.

Introduction
The three segments of Criminal Justice System viz., the police, the judiciary and the
correctional institutions ought to function in harmonious and cohesive manner. But in
practice, one often finds that it is not the case. The police, instead of protecting and promoting
human rights, are often found to violate them. The National Human Rights Commission has
been receiving reports of custodial deaths, non-registration of cases, arbitrary arrests,
custodial violence etc. A person in custody of the police, an under-trial or a convicted
individual does not lose his human and fundamental rights by virtue of mere allegation. The
two cardinal principles of criminal jurisprudence are that the prosecution must prove its
charge against the accused beyond shadow of reasonable doubt and the onus to prove the guilt
of the accused to the on the prosecution and it never shifts. The prosecution has to stand on its
own legs so as to bring home the guilt of the accused conclusively and affirmatively and it
cannot take advantage of any weakness in the defence version. The intention of the legislature
in laying down these principles has been that hundreds of guilty persons may got scot free

but even one innocent should not be punished. Indian Constitution itself provides some
basic rights/safeguards to the accused persons which are to followed by the authorities
during the process of criminal administration of justice such as right against self
incrimination under Article -20(3) of constitution as well as the Criminal Procedure Code
deals with the procedural aspects of arrest of an accused person and provides various
rights to accused/arrested persons. There are some provisions which expressly and
directly create important rights in favour of the accused/arrested person in the democratic/
civilized society and protection of accused in the administration of justice and fair trial
and just to avoid unnecessary harass and torture to the accused person in the
administration of justice and court is under duty to protect these rights

2. Statement of Problem.
The present study is intended to focus upon the issue of laws related to
protection of human right of accused person with special reference to
right of accused i.e. right against self incrimination in the modern
changing society and new in the light of modern development for
collection of evidence such as lie detective method, finger print, brain

mapping test, DNA test etc. the topic I very interesting because as the
technology changes method of investigation also changed and there new
laws or interpretations of existing laws requires in the light and in the
interest of accused but this right must be check so as to preserve order
and maintain law and order in the society in this internet society as well
as right of accused person.

4. Literature Review
The study would be based on research material collected from primary as
well as Secondary Sources.
(a) Primary Sources: - The primary sources include books, article from
journals and project work on the topic as well as the statute and rules.

K.D.GAUR

Universal Declaration of Human Rights, 1948 (UDHR).

Article 19 (2), International Covenant on Civil and Political Rights, 1966 (ICCPR)

(b) Secondary Source.

other sites for review reference as well.

5. Research Methodology
In accordance with the objectives of the present study, Doctrinal Research
Design has been adopted. The Doctrinal Design has been used to study the
provision related to right of accused with special reference to accused
fundamental right i.e. right against self incrimination in the current scenario the
right of accused is the subject matter controversies because as the society
changes scope and method of investigation changes we will try to enlighten
knowledge on the topic through legal provision as well as case law study related
to accused right. It is more based on the search like books and library and
through resources collected through access to various websites. For the purpose

of the research presentation, the researcher has collected relevant materials from
article on right of accused person from various websites of perusal and
knowledge for just and proper presentation with aim and object that lets the
knowledge come from all directions and make the work meaning full and to the
satisfaction of Honble guide/mentor in the quest of knowledge and research.
The research had been done primarily with the help of legislative provisions and
taking help from case laws and judicial pronouncement as well as knowledge
acquired in the classroom discussion.

6. HYOTHESES
The following Hypothesis would be taken account of in this study and they have
been examined in the courses of discussion. A conclusion has been drawn to
assess whether the hypothesis proposed were true to their extent of statement or
not.
Whether the accused person has right.
Whether constitutions of India give right to accused person.
Whether court recognised right of accused person.
Whether these right is dynamic i.e. changing with the development
and method of collection of evidence.

7.Objective of the Study

The study is geared to achieve the following objectives:
General objectives
To study right of accused person.

 To study right of accused person with special reference right against self
incrimination.
To study exercise of right of accused recognised by the court of law time
to time in the light of changing system investigation.
Specific Objectives.
To study legal provision of laws for protection of this right.
To study case laws in which court recognised these rights.

8. Purpose and Aim of the Study

This presentation provides an overview of legal, historical and philosophical
perspectives regard right of accused person with special reference to right
against self incrimination. To this end, it provides guidelines for discussion of
the following:
Constitutional aspects of right of accused of person.
Legal provisions related to right of accused person in India.
The dynamic concept of these rights.

9. Scope and Limitation

The study is not only limited to the India scenario, but his study/presentation
extend to study laws of others countries regard freedom of speech and
expression and hate speech as well as enactment of new laws in the
contemporary system of governance as well as international convention for
protection and regulations of this right.

10. Probable Outcome of the Study

Following are the probable outcome of the study would be: The provision of Indian law regard protection of human right of
accused person.
The provision of constitutional law for the protection of right of
accused person that right against self incrimination.
11. Tentative Chapterization Scheme

Chapter-01: Introduction-Definition of Accused Person.

Chapter- 02: Right of Accused Person at the Time before Arrest.
Chapter-03: Right of Under Trail Accused Person.
Chapter-04: Right against self incrimination under constitution of India
Chapter-05: right against self incrimination in era of technology based
investigation.

12. Conclusion and suggestion

Right of an individual is an important right of an individual and it can not be
bought at any cost therefore law in this civilied and democratic society to
protect life and liberty of individual in this welfare state, Further, any individual
cannot be bound to disclose any fact to support the prosecution. This right is
provided under article 20(3) of the constitution of India. This right is called self
incrimination. This right is a precious right in the hand of accused against
prosecution. The main objective of the incorporating this right in the
Constitution of India just to avoid unnecessary torture of the accused by the
police. In the present presentation I will try to study different aspects of the
accused human rights with special reference to right against self incrimination
in democratic civil society which is an essential human right against the
prosecution.With the changing society new dimensions, methods and scope of
evidence are coming which prosecution are using to support their case. With the
change in these sphere these rights are also changing to cope with the changing
situation and these changes are supported and recognized by court of
jurisdiction. This is demand of Rule of Law and Principle of Natural Justice.
13. Bibliography
Indian Constitution - Conflicts and Controversies Author :
Dr. Subhash C.Kashyap

 Indian Constitutional Law (with Constitutional Documents) (in 2 Vols.)

Author : Prof. M.P.Jain, revised by Samaraditya Pal & Justice Ruma Pal
The Constitution of India (Pocket Edition)
Author : P.M.Bakshi
Commentary on the Constitution of India (Vol. 4) (Article 19 contd...)
Author : Durga Das Basu, S.S.Subramani, with a Foreword by Justice
M.N. Venkatachaliah
The Indian Penal Code, 1860, The Code of Criminal Procedure, 1973 and
The Indian Evidence Act, 1872
Author: LexisNexis
Commentary on the Indian Penal Code
Author: K.D.Gaur, with a Foreword by Justice P.V. Reddi
Law Commission of India - 156th Report on the Indian Penal Code
(Vol.1)
Author: Ministry of Law, Justice & Co. Affairs