From Silence to Justice: A Critical Analysis of Section 313 of the Code of Criminal Procedure, 1973 and the Right to Remain Silent in India
Parth Singh; Vaibhav Yadav · International Annals of Criminology 62(3–4), pp. 543–569 · Cambridge University Press · DOI 10.1017/cri.2024.18.
Issue: September 2024 · Online: 30 June 2025.
Abstract-based overview: The article examines how questioning under Section 313 of the Code of Criminal Procedure, 1973 interacts with the right to silence and the presumption of innocence. The abstract argues that an opportunity to explain the prosecution’s case has come to operate as an expectation of explanation. It connects that development with the protection against self-incrimination in Article 20(3). The authors examine the tension between a court’s opportunity to hear an accused person’s response and the pressures that questioning may place on silence. Their research concerns the historical statute named in the article.
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From silence to justice — publisher record
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Illustration: original editorial artwork prepared for Parth Singh.