Vol. 7, Issue 9, Part C (2021)

Abstract
Nemon tenetur seipsum accusare' The duty of the judiciary is to do justice to the victim of an offence and punish the offender. In India, there is a well-established procedure for this, which has to be followed by the police and the court during investigation, inquiry and trial. Sometimes circumstances also arise in which the principles of natural justice and human rights appear to be violated in order to prove the charges framed against the accused. Since the offender is considered an abominable person, a discriminating behavior is possible against him. Therefore, to prevent the injustice done against the criminals, some rules have been formulated, one of which is the "principle of self-incrimination". This principle provides protection to the accused during the investigation, inquiry and trial of an offence. The general rule is that the prosecution, with the help of its evidence, witnesses, should prove the offender guilty and not expect the accused to confess his offence himself. Thus, this principle states that no accused can be compelled to give any evidence against himself which would put him in grave danger, nor can any undue pressure be exerted on him for this purpose. So far, on many occasions, the Supreme Court has given historic decisions on this issue.