It is relevant to note that though it is within the powers of the Investigating Agency to interrogate, the accused has a right to remain silent. The right to silence emanates from Article 20(3) of the Indian Constitution, which gives an accused the right against self incrimination. Suffice it to say that exercise of the right to remain silent cannot be equated with non co-operation. Para 29
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 378 OF 2023 WITH
INTERIM APPLICATION NO. 804 OF 2023
Chanda Kochhar Vs Central Bureau of Investigation
CORAM : ANUJA PRABHUDESSAI,
N. R. BORKAR, JJ.
DATED : 6th FEBRUARY, 2024.
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