nemo tenetur se ipsum accusare

The maxim states that no person can be compelled to give evidence against himself. In India it is a fundamental right under Article 20(3): no person accused of an offence shall be compelled to be a witness against himself.

The protection covers oral and documentary testimony that is self-incriminating, and extends to persons questioned during investigation, not only at trial. It does not cover physical evidence such as fingerprints, handwriting specimens, blood samples or photographs, because these are not testimony. Only compulsion is barred; a voluntary confession is outside the protection, subject to the rules on confessions.

Example

The accused refused to answer police questions that would incriminate him, invoking nemo tenetur se ipsum accusare and Article 20(3).

In Indian law

• Article 20(3), Constitution of India
• Nandini Satpathy v. P.L. Dani, 1978 INSC 80: right extends to police interrogation

See also

confession · right to life and personal liberty · presumption of innocence