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.