Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Indrakunwar v. The State of Chhattisgarh has observed that though there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter such duty cannot unreasonably and unwarrantedly step over the fundamental right to privacy enshrined under Article 21 of the Constitution of India, 1950 (COI).

What was the Background of Indrakunwar v. The State of Chhattisgarh Case?

• The appellant had relations with a co-villager, namely, Baiga Gond, as a result of which she conceived a child.
• She, upon giving birth, allegedly killed this child and threw the corpse into a small pond.
• Thereafter she was charged with committing an offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC).
• The Trial Court convicted the appellant.
• Thereafter, the High Court of Chhattisgarh upheld the judgement of the Trial Court.
• Thereafter, an appeal was filed before the SC.
• While allowing the appeal, the SC acquitted the appellant of all the charges.

What were the Court’s Observations?

• A bench comprising of Justices Abhay S Oka and Sanjay Karol in the context of Section 313 of the Criminal Procedure Code, 1973 (CrPC) observed that though there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter such duty cannot unreasonably and unwarrantedly step over the fundamental right of privacy.
• The Court held that in a statement under Section 313 of CrPC, the accused may or may not admit involvement or any incriminating circumstance or may even offer an alternative version of events or interpretation. The accused may not be put to prejudice by any omission or inadequate questioning.
• The Court also noted that the essence of a woman’s fundamental right to equality and privacy, regarding private matters of bodily and psychological integrity is the ability to make autonomous decisions about her own body and reproductive choices.

What are the Legal Provisions Involved in it?

Section 313 of CrPC

• This Section deals with the power to examine the accused. It states that-
  • (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-
  • (a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary.
  • (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case.
  • Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
  • (2) No oath shall be administered to the accused when he is examined under sub- section (1).
  • (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
  • (4) The answers given by the accused may be taken into consideration in such inquiry or trial and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
• The object of this Section is to establish a dialogue between the Court and the accused as this process benefits the accused and aids the Court in arriving at the final verdict.
• The process enshrined in this Section is not a matter of procedural formality but is based on the cardinal principle of natural justice.
• In the case of Samsul Haque v. The State of Assam (2019), the SC considered the rights of the accused enshrined under Section 313 of CrPC and stated that the implicative material is to be put to the accused so that the accused gets a fair chance to defend himself.

Right to Privacy

• Right to Privacy is regarded as one of the most crucial human rights in the contemporary day.
• Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India, 1950 (COI).
  • Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual.
• In K.S. Puttaswamy v. Union of India (2017), the SC held that Privacy constitutes the foundation of all liberty because it is in privacy that the individual can decide how liberty is best exercised.
  • Privacy protects the individual from the searching glare of publicity in matters that are personal to his or her life. The privacy of the individual is an essential aspect of dignity.