The Enforcement Directorate had arrested Mr. Jignesh Shah on 12th July 2016 under Article 20 of the Indian Constitution. The arrest is in violation of Article 20(3) of the Constitution of India.
- The Article states that no person accused of an offense shall be compelled to be a witness against himself. In any criminal investigation, interrogation of the suspects and accused plays a vital role in extracting the truth from them.
- From time immemorial several methods, most of which were based on some form of torture have been used by the investigating agencies to elicit information from the accused and the suspects. The privilege under clause (3) is confined only to an accused i.e. a person against whom a formal accusation relating to the commission of an offense has been leveled which is in the normal course may result in the prosecution.
- A person against whom a first information report has been recorded by the police and investigation has been ordered by the Magistrate can claim the benefit of the protection.
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