Calcutta High Court Rules Accused Cannot Be Forced to Produce Incriminating Evidence Against Themselves

The Calcutta High Court has held that an accused cannot be summoned under Section 91 of the CrPC to produce incriminating documents or evidence against themselves, as it violates the right against self-incrimination under Article 20(3) of the Constitution.

The Court stressed that the right against self-incrimination is a fundamental safeguard and prevents individuals from being forced to be witnesses against themselves.

The order came in a case where the prosecution sought to summon the accused for evidence.

Allowing the plea, the Court clarified that trial courts cannot misuse their powers to compel an accused to hand over material that incriminates them.

[Ram Kishan Mittal v State of West Bengal]