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Right to Silence in Court: ● The right to not speak against himself or to remain silent is given to an accused, this right is recognized around the globe. In India, it forms a part of Right to self-incrimination under Article 20(3) of the Indian Constitution. It is considered the duty of the prosecution to prove a person guilty until proven otherwise he remains an innocent man. In India, criminal law has vested the citizens with this right under various provisions. ● Article 20(3) of the Indian Constitution states that no one can be compelled to be a witness against himself, the right to remain silent emanates from this very Article. The provision enables the citizens to enjoy the right against self-incrimination which is a fundamental canon of law. The privileges under this right are: The accused is presumed to be innocent; The prosecution has to prove him guilty; He cannot be compelled to give any witness.
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