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september 1979

Supreme Court of India · 1979-09-18

V. S. KUTTAN PILLAI vs RAMAKRISHNAN & ANR.

Citation / case number
SC 1978/90274
Court
Supreme Court of India
Petitioner
V. S. KUTTAN PILLAI
Respondent
RAMAKRISHNAN & ANR.
Bench
DESAI, D.A.

Judgment text excerpt

The Supreme Court upheld the validity of search warrants issued under Section 93(1)(c) of the Code of Criminal Procedure, 1973, stating that such warrants do not violate the right against self-incrimination under Article 20(3) of the Constitution. The Court clarified that the immunity against self-incrimination applies only when a person is compelled to provide evidence, and does not extend to situations where evidence is collected without the accused's participation. The Court affirmed the High Court's decision to sustain the search warrant, emphasizing that the accused's passive presence during the search does not constitute compulsion.

V. S. KUTTAN PILLAI vs RAMAKRISHNAN & ANR. · Niyam