All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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40.

A is taken to a police station for questioning. The police officer was informed that A was one of the witnesses to an incident the previous day where one man assaulted another. What the police officer does not know is that A was also involved in the assault on the man, but had stopped before any other witnesses arrived on the scene. Is A obliged to answer the police officer's questions ?


Principle :

Any police officer making an investigation may examine orally any person supposed to be acquainted with the facts and circumstances of the case. Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

A: No, A does not have to answer any questions as he may incriminate himself in the assault.
B: Yes, he has to answer all the officer's questions because neither is he a suspect nor has he been charged; as he cannot avail the protection of the principle above.
C: No, he does not have to answer any questions if he does not want to, as anyone involved in criminal maters has the right against self- incrimination.
D: Yes, he has to answer all the questions; but since he will become a suspect, he is entitled to have a lawyer present.
E: Yes, he has to answer questions up to the point where he may incriminate himself in the assault.

The answer is: E

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Explanation

The correct option is E: Yes, he has to answer questions up to the point where he may incriminate himself.

This is because, according to the principle, any person who is supposed to be acquainted with the facts and circumstances of the case is bound to answer truly all questions put by the police officer, except those that would expose him to a criminal charge or penalty. In this case, A is a witness to the incident where one man assaulted another, and he is also involved in the assault, but the police officer does not know that. Therefore, A has to answer the questions related to his role as a witness, but he can refuse to answer any questions that would reveal his role as an assailant. A can invoke the right against self-incrimination under Article 20 (3) of the Constitution of India, which states that no person accused of any offence shall be compelled to be a witness against himself. 

However, A cannot claim this right from the beginning, as he has not been formally accused of any offence at the time of interrogation. He can only claim this right when his answers would have a tendency to incriminate him.