Section 498A Misuse: Delhi HC Upholds Constitutional Right to Silence
jurisprudence ts_lawcet advanced news_to_lawJust saw that the Delhi High Court has ruled in the case of Sushil Yadav vs State (2024) that a person can remain silent during police interrogation without it being used against them. This is literally Section 161 of the CrPC in action - the police can't force you to give statements that can be used against you. The court said that if a person chooses to remain silent, it can't be said that they're exercising their 20th or 30th right under the Constitution. This is a big deal in cases of 498A, where women are framed by false complaints. Courts must now ensure that police comply with this order and don't harass people just because they're silent during questioning.
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