Published on: October 30, 2023 at 00:26 IST
Court: Supreme Court of India
Citation: Indrakunwar V. State of Chhattisgarh (2023)
Honourable Supreme Court of India has held that negative inferences cannot be drawn for a question or incriminating circumstance not put to an accused while making a statement under Section 313 of the Code of Criminal Procedure, 1973. It is held that although there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter, such duty cannot unreasonably and unwarrantedly step over the Fundamental Right of Privacy.
22. Right to Privacy is regarded as one of the most crucial human rights in the contemporary day. In many different countries and civilizations, privacy is cherished. It is also protected by numerous international and regional human rights treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and many more.
28. The essence of a woman’s fundamental right to equality and privacy, regarding private matters of bodily and psychological integrity is the ability to make autonomous decisions about her own body and reproductive choices. It is entirely within the realm of privacy of a woman to decide whether or not to bear a child or abort her pregnancy (within the framework of law).
36. In light of the principles listed above, what we must consider is whether, in explaining the purported incriminating circumstance against her, the convict-appellant ought to have disclosed, over and above denial of any relationship with the deceased child, the specifics of her miscarriage and its aftermath; particularly when the prosecution has failed to discharge its burden of establishing such relationship between the deceased and the convict-appellant.
Drafted By Abhijit Mishra
