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Your rights

Can I refuse to answer police questions?

Short answer

Yes, you have the right to remain silent under Article 20(3) of the Constitution. You cannot be compelled to be a witness against yourself.

Understanding the issue

The right to silence is a fundamental right guaranteed under Article 20(3) of the Constitution, which states that no person accused of any offence shall be compelled to be a witness against themselves. During police interrogation, you are not obligated to answer any question that may incriminate you. This protection extends to all stages — from initial questioning to formal investigation. However, you must provide basic identification details like your name and address. The Supreme Court in Nandini Satpathy v. P.L. Dani held that the right against self-incrimination is available at every stage of interrogation.

Laws that apply

  • Article 20(3) — Right against self-incrimination
  • BNSS Section 180(2) — Right not to answer self-incriminating questions
  • Nandini Satpathy v. P.L. Dani (1978) — Right to silence during interrogation