6. Article: John H.

Langbein, The Historical Origins of the Privilege against Self-

Incrimination at Common Law, Vol. 92(5), MICHIGAN LAW REVIEW 1047, (1994)

Aurthor: John H. Langbein

The author shows the present scenario of self-incrimination and by this he says that across the
centuries the privilege against self-incrimination has changed character profoundly, from the
original privilege not to accuse oneself to the modem privilege not to respond or to testify.
Many policies have come to be associated with the privilege against self-incrimination. The
researcher feels that this theory seems to fit in Indian context also where we have also moved
from the rights against self incrimination to the right to remain silence.

7. Article: Gautam Swarup, Narco Analysis and Article 20(3) of the Constitution of
India: Blending the Much Awaited, (2009), available at:
http://works.bepress.com/gautam_swarup/2.

Author: Gautam Swarup

The author quotes by saying that Society has the right to be protected against the criminal,
and all of society's rights are manifestly superior to those of the criminal. There can be no
gainsaying the fact that a suspect is either innocent or guilty, and no one knows the truth
better than does the suspect himself. It, therefore, stands to reason, that where there is a safe
and humane measure existing to evoke the truth from the consciousness of the suspect, that
society is entitled to have the truth. The author tries to draw a balance as to how the right to
remain silence is to be granted but protection against other tests like narcoanalysis should be
excluded as a right because the rights of the society is greater than that of the accused.

8. Article: Mike Redmayne, Rethinking the Privilege against Self-Incrimination, 27(2)

OXFORD JOURNAL OF LEGAL STUDIES 209, 212 (2007).
(https://doi.org/10.1093/ojls/gql001)

Author: Mike Redmayne

The author in this article attempts to develop a rationale for the privilege which avoids the
usual pitfalls. He argues that the most compelling rationale for the privilege is that it serves as
a distancing mechanism, allowing defendants to disassociate themselves from prosecutions.
The resulting account has implications for the scope of the privilege. First, He suggests that
no distinction should be drawn between requirements to speak and requirements to provide
the authorities with documents, blood samples and the like. Second, He is argued that
recognition of a privilege against self-incrimination implies that we should recognize a
privilege against other incrimination which has similar force. Attention is also paid to
exceptions to the privilege. The researcher using these two arguments will develop a rationale
fit in Indian context

9. Book: Wigmore, EVIDENCE, 2264 (2nd edn, 1923) as cited in Fred Inbau, Self-
Incrimination: what can a Accused Person be compelled to do?, 28(2) JOURNAL OF
CRIMINAL LAW AND CRIMINOLOGY 261, 264 (1937)

The author says that the privilege against self-incrimination should be no obstacle to the
admissibility of evidence of intoxication obtained by any of the foregoing methods. He also
depicts that the only type of situation in which the privilege appears applicable is illustrated
by the facts in an Alabama case which the researcher will be discussing in the paper where
interrogatories were propounded of a person as to how many drinks he had and what he had
been drinking-an examination calling for testimonial utterances. Hence the researcher will
also try to analyse various Indian cases to find out what actually falls under as the right
against self incrimination

10. News paper Article: Kanda had enough time to destroy evidence: Geetika's brother,
DECCAN HERALD (Aug. 18, 2012),

available at: http://www.deccanherald.com/content/272452/geetika-case-former-

haryana-minister.html

In Geetika Sharma murder case, the victims brother said that the victims Facebook account
has been deactivated and alleged that the prime accused was behind it now the researcher as
stated in the research objectives that one of the question is to find whether social networking
situations can be used as a right against self-incrimination. if , yes that what is the legal basis
to do so.

Name : D.Ruchi Sharma

7. Book: Sudipto Sarkar& V. R. Manohar, Sarkar on Evidence, 15th edn., vol.
l.Wadhwa and Co., Nagpur, 1999, p. 633

In this book the author has stated that the admissibility of a dying declaration as a relevant
piece of evidence is guided by the principle of necessity and religious belief of the olden
days. The necessity being, that in cases, where victim is the only eye-witness to the crime, the
exclusion of his/her statement might defeat the ends of justice. The religious sanction behind
their admissibility comes from the belief in the fact, that a sense of impending death produces
in a man's mind the same feeling as that of a conscientious and virtuous man under oath-
nemo moriturus praesumuntur mentiri. The researcher has used this information in the
introduction part and later in the final paper will be substantiating with other judgements.

8. Article: AshutoshSalil, An Analysis of Indian and English Position of Dying

Declaration J 297,Cri.L.J.2005

Author: AshutoshSalil

The author in this article has drawn the difference between Indian and English position as to
dying declaration using this information the researcher will not just be substantiating his
views but also try to understand why there is such a difference and which one is more suitable
to meet the ends of justice

9. Article: Narayan Joshi. Dying declaration, Medical Jurisprudence and Toxicology,

2nd ed, Kamal Publishers; 2011. P. 192-218.

Author: Narayan Joshi

The author depicts his views that there has been given a great importance to dying
declaration by courts, and if properly recorded keeping in mind all the essential ingredients,
can form the basis of conviction. Verdicts of higher courts on dying declaration shows it is
used as corroborative evidence as most of the recorded statements have incomplete details
which make it invalid. The researcher will be reviewing how far this stamen stands true

10. Newspaper Article: Mahapatra, D. Anyone can record a dying declaration, Supreme
Court rules. The Times of India.( May 24, 2013)

In this article there is mentioning about the cases where the person dies of burn injuries. "The
law on the issue can be summarized to the effect that law does not provide who can record a
dying declaration, nor is there any prescribed form, format or procedure for the same," said a
bench of Justices B S Chauhan and Dipak Misra while reversing the high court ordered
acquittal in a dowry death cases. The researcher will be analysis this concept with the view of
the judgement

While indicating that any member of public could record the statement of a dying person, the
bench said the only caveat was that the person recording the dying declaration must be sure
that the one making the statement was in a proper mental condition to do so.

Name: N.Bavithran (BC0140018)