Accused cannot be compelled to disclose his source of information

Air Marshal Harish Masand Vs Outlook Publishing Pvt Ltd and Ors

Delhi HC

28/02/2019

CRL.M.C. 3838/2016 and Crl. M.A. 16071/2016

About/from the judgment:

Recently Delhi High Court has held that complainant cannot compel an accused to disclose his source of information. It however held that a person appearing as a witness cannot choose not to answer a question.

 

The Hon’ble Judge observed as “This court agrees with the respondents that the first prayer [clause (a)] in the application dated 24.12.2007 for the accused to be directed to reveal their source of information or for them to be summoned as witnesses cannot be allowed. An accused cannot be compelled to incriminate himself – Article 20(3) of the Constitution of India affords him protection in this regard. The accused cannot also be compelled to appear as a witness. It is his choice whether to do so or not. Section 315 Cr. PC only declares that an accused is also a competent witness; he not being permitted to appear in such capacity unless he makes a “request in writing” to the court”.

 

The Court further observed as “Noticeably, while refusing to answer, DW-1 had not given any reason. Undoubtedly, he has certain rights under the law which include the fundamental right under Article 20(3) of the Constitution of India. But then, at the time of his deposition (as DW-1), he was appearing in the criminal court – not as a person accused of an offence but – as a witness whose rights and obligations are spelt out clearly in Section 132 of the Evidence Act quoted above”.

 

The Court then commented upon the witness as “As mentioned above, the fourth respondent (DW-1) has not indicated till date as to how the information sought from him by questioning in the above nature is privileged. It is not his choice to answer or refuse to answer. Once he has voluntarily entered the witness box, he is bound to answer unless he makes out a proper case justifying his refusal to answer under the law”.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.