Whether police can say that accused is not co-operating if he is exercising his right to remain silent?

 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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