V. S. KUTIAN PILLAI versus RAMAKRISHNAN & ANR.

V. S. KUTIAN PILLAI versus RAMAKRISHNAN & ANR.

Issuance of a general search warrant by the Court under Section 93(1)(c) of the Code of Criminal Procedure, 1973 for the search and seizure of documents from the premises of an institution does not violate the protection against self-incrimination under Article 20(3) of the Constitution of India as the accused is not compelled to participate or submit to the search, and any evidence collected thereby cannot be called compelled testimony.

Parties
Appellant: V. S. Kuttan Pillai; Respondent No. 1 / Complainant: Ramakrishnan; Respondent No. 2: State of Kerala
Jurisdiction
India
Judgment Date
18 September 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment of Kerala High Court in Cr!. M.p. No. 124/77
Outcome
Appeal dismissed
Legal Topics
Self Incrimination, Search and Seizure, Interpretation of Criminal Procedure Code, Article 20(3) of the Constitution
Criminal Law Constitutional Law Self Incrimination Search and Seizure Interpretation of Criminal Procedure Code Article 20(3) of the Constitution

Case Brief

Summary, issues, holding and outcome

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Parties

V. S. Kuttan Pillai

Appellant

Ramakrishnan

Respondent No. 1 / Complainant

State of Kerala

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment of Kerala High Court in Cr!. M.p. No. 124/77

Legal Issues

  1. 1 Whether issuance of a search warrant under Section 93(1)(c) of the Code of Criminal Procedure, 1973 violates the fundamental right against self-incrimination under Article 20(3) of the Constitution of India.

Ratio Decidendi

Issuance of a general search warrant by the Court under Section 93(1)(c) of the Code of Criminal Procedure, 1973 for the search and seizure of documents from the premises of an institution does not violate the protection against self-incrimination under Article 20(3) of the Constitution of India as the accused is not compelled to participate or submit to the search, and any evidence collected thereby cannot be called compelled testimony.

Court Disposition

Appeal dismissed

Orders

  • High Court's order sustaining the search warrant under Section 93(1)(c) is upheld.