Supreme Court of India · 1961-08-04
THE STATE OF BOMBAY vs KATHI KALU OGHAD AND OTHERS
- Citation / case number
- SC 1958/178
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BOMBAY
- Respondent
- KATHI KALU OGHAD AND OTHERS
- Bench
- SINHA, B.P.(CJ) & IMAM, S.J.,DAS, S.K. & GAJENDRAGADKAR, P.B.,SARKAR, A.K. & SUBBARAO, K.,WANCHOO, K.N. & GUPTA, K.C.D.,DAYAL, R. & AYYANGAR, N.R. & MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the provisions of Section 73 of the Indian Evidence Act and Sections 5 and 6 of the Identification of Prisoners Act do not violate Article 20(3) of the Constitution, which protects against self-incrimination. The Court clarified that compelling an accused to provide specimen handwriting or fingerprints does not constitute being a witness against oneself, as it does not involve personal knowledge or testimony. The ruling emphasized that the determination of compulsion in obtaining such evidence is a factual question for the court to decide based on the circumstances of each case.