Constitutional & Criminal Law / rights guide

Witness Summons, Interrogation & Right to Silence

Safeguards for witnesses and suspects summoned to police stations, Section 35(3) BNSS, Section 179 BNSS statements, and avoiding coercion.

Statutory provisions and authorities

  • BNSS § 179 (Examination of Witnesses by Police)
  • BNSS § 38 (Right of Accused to Meet Advocate during Interrogation)
  • Article 20(3) Constitution of India (Privilege Against Self-Incrimination)
  • Nandini Satpathy v. P.L. Dani (1978)

Citizen safeguards

  • Absolute constitutional privilege against self-incrimination (Art. 20(3))
  • Right to remain silent in response to questions that tend to expose one to criminal charge
  • Women and children cannot be compelled to attend police station for witness examination
  • Police cannot compel signatures on statements recorded during inquiry (BNSS § 181)

Procedural guide

Interrogation Protocols and Constitutional Immunity

When summoned to a police station, knowing where statutory obligation ends and constitutional privilege begins is crucial.

1. Nandini Satpathy Guidelines and Right to Silence

2. Ban on Signatures on Police Statements (BNSS § 181)

Back to all practice areas · Browse related templates · Request legal help