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Report No. 180

Canada

We shall next refer to the judgment of Canadian Supreme Court in R v. Noble (1997) (1) SCR 874. The majority in that case held that the right to silence is absolute and the silence of an accused cannot lead to any adverse inference against him nor be used for the purpose of arriving at a finding of guilt beyond reasonable doubt.

Section 11(c) of the Canadian Charter of Rights and Freedoms provides that any person charged with an offence has a right not to be compelled to be a witness in proceedings against him in respect of an offence. Section 7 of the Charter also states that every person has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Section 11(d) codifies the common law presumption of innocence and the right to a fair trial.



Report on Article 20(3) of the Constitution of India and the Right to Silence Back




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