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april 1978

Supreme Court of India · 1978-04-07

NANDINI SATPATHY vs DANI (P.L.) AND ANR.

Citation / case number
SC 1978/90300
Court
Supreme Court of India
Petitioner
NANDINI SATPATHY
Respondent
DANI (P.L.) AND ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that Section 179 IPC does not require mens rea as a necessary component for prosecution, particularly in cases involving the right to silence under Article 20(3) of the Constitution. The Court clarified that the right to refuse to answer questions posed by police is protected under Section 161(2) of the Criminal Procedure Code, and that the term 'accused' in Article 20(3) includes suspects. The prosecution proceedings against the appellant, a former Chief Minister, were quashed as they were based on her refusal to answer police questions, which was constitutionally protected.

NANDINI SATPATHY vs DANI (P.L.) AND ANR. · Niyam