Right-to-silence is a common law for suspects to protect him/her from being compelled to answer questions. This way, the law protects criminal suspects because the answers could be used against them in a tricky way.
The law says “No one should be forced to incriminate (Suggest that someone is guilty) themselves”. In the Indian Constitution, Article 20 (3) has the right against self-incrimination. The fundamental right against self-incrimination in the Fifth Amendment of the US Constitution is also similar to the Indian Constitution, Article 20 (3).
Silence At Trial
“[n]o person…shall be compelled in any criminal case to be a witness against himself.” This is the job of police to recite during an arrest or shortly after the arrest procedure. This is called “Miranda rights”.
Silence Suring Police Interrogation
There is a complicated law on the right to refuse to answer to the police. According to the law, no one is forced to answer to any police officer. However, there is no clear law on Non-verbal communication.
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