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december 2010

Supreme Court of India · 2010-12-07

Balasaheb @ Ramesh Laxman Deshmukh vs State Of Maharashtra & Anr

Citation / case number
AIR 2011 SUPREME COURT 304
Court
Supreme Court of India
Petitioner
Balasaheb @ Ramesh Laxman Deshmukh
Respondent
State Of Maharashtra & Anr
Author
Chandramauli Kr. Prasad
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court examined the applicability of Article 20(3) of the Constitution, which protects individuals from being compelled to testify against themselves. The Court held that the appellant, although later accused in a complaint case related to the same incident, could be compelled to testify as a witness in the police case since he was not formally charged in that case. The Court affirmed the Bombay High Court's decision to set aside the Magistrate's order that had granted blanket protection to the appellant, clarifying that the provisions of Section 132 of the Indian Evidence Act provide sufficient safeguards against self-incrimination.

Balasaheb @ Ramesh Laxman Deshmukh vs State Of Maharashtra & Anr · Niyam