In Nandini Satpathy v. P.L. Dani (Supreme Court, 7 April 1978), did the police-questioning discussion…
Nandini Satpathy held that "any person supposed to be acquainted with the facts" in section 161(1) includes an accused or suspect, so the police may question such a person.…
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In Nandini Satpathy v. P.L. Dani (Supreme Court, 7 April 1978), did the police-questioning discussion under CrPC sections 160 and 161 exclude an accused from a person supposed to know the case’s facts?
Answer and explanation
Correct answer A
Nandini Satpathy held that "any person supposed to be acquainted with the facts" in section 161(1) includes an accused or suspect, so the police may question such a person. The protection survives: section 161(2) and Article 20(3) let the person refuse answers that would tend to incriminate him, so an accused need not answer every question, and the power does not depend on his consent. CrPC ss.160 and 161 are now sections 179 and 180 of the BNSS.
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