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december 2010

Supreme Court of India · 2010-12-07

BALASAHEB @ RAMESH LAXMAN DESHMUKH vs STATE OF MAHARASHTRA

Citation / case number
SC 2001/9181
Court
Supreme Court of India
Petitioner
BALASAHEB @ RAMESH LAXMAN DESHMUKH
Respondent
STATE OF MAHARASHTRA
Author
CHANDRAMAULI KR. PRASAD
Bench
HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,

Judgment text excerpt

The Supreme Court addressed the applicability of Article 20(3) of the Constitution regarding the appellant's right against self-incrimination while being compelled to testify as a witness in a police case, despite being an accused in a subsequent complaint case related to the same incident. The Court held that the appellant could not claim blanket protection under Article 20(3) as he was not an accused in the police case, thus allowing his examination as a witness. The ruling clarified that the protections against self-incrimination do not extend to situations where the individual is not formally charged in the case in which they are called to testify.

BALASAHEB @ RAMESH LAXMAN DESHMUKH vs STATE OF MAHARASHTRA · Niyam