ISSUE:
What are the boundaries of section 161 of CrPC? Do answers which are of inculpatory characteristics that have a probable chance of exposing a person while an investigation or is in the trail are allowed?
Do a suspected accused have a right to sanction their right to be silent who has committed a criminal offense?
RULE:
To be a witness against oneself is not confined to a particular offence regarding which the questioning is made but extends to other offences about which the accused has a reasonable apprehension of implication from his answer. This conclusion also flows from ‘tendency to be exposed to a criminal charge’. ‘A criminal charge’ covers any criminal charge than under investigation or trial or imminently threatens the accused.’