Can refuse to answer a question which will incriminate me in a matter?

when called by police for any investigation or arrested for any crime, can you insist on contacting your lawyer and refuse to answer any questions unless you had a chance to talk to him, or he is also present at the time of questioning?? also can you refuse to answer any question on the ground that it would incriminate you??? will this be ground for the court to refuse to give you bail as police will say that we need to investigate the matter as accused is not co-operating???

Answers (3)

170 votes

you have right to consult with advocate of your choice during investigation. you have to join the investigation when it requires there is no exception. beside if you feel so unsafe you can go for anticipatory bail in the court of jurisdiction.

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259 votes

There is a specific provision for seeing legal counsel in CRPC and u can request the court to allow the counsel to accompany you during investigation . Further , yes it is ground of dismissal of bail application if you do not join investigation properly

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225 votes

It is fundamental right of an accused to contact his lawyer and family post arrest. Insofar as refusal to any question is concerned, this may work against interest of the accused because the Police will portray that accused is not cooperating and also silence can be deemed admission. Instead refute the question by giving an answer which will not be self incriminating. Further, statement given before police in IPC cannot be used as evidence unless corroborated before Magistrate.

Thus, advice is to contact your lawyer take his mind and give such answer, which would not be self incriminating instead of choosing to maintain silence.

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