Supreme Court of India · 1973-01-24
RAMANLAL BHOGILAL SHAH AND ANOTHER vs D. K. GUHA AND OTHERS
- Citation / case number
- SC 1972/60371
- Court
- Supreme Court of India
- Petitioner
- RAMANLAL BHOGILAL SHAH AND ANOTHER
- Respondent
- D. K. GUHA AND OTHERS
- Author
- SIKRI, S.M. (),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
- Bench
- SIKRI, S.M. (CJ),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
Judgment text excerpt
The Supreme Court addressed the applicability of Article 20(3) of the Constitution of India, which protects individuals from being compelled to be witnesses against themselves. The Court held that an accused person, once formally charged or arrested, cannot be compelled to appear before an enforcement officer to provide evidence related to the same offence. The judgment clarified the interpretation of 'accused' under Article 20(3), emphasizing the protection against self-incrimination in the context of the Foreign Exchange (Regulation) Act, 1947.