CSI213 | You have the right to remain silent: Unpacking the self-incrimination principle.

COURSE DESCRIPTION

Erwin Griswold, the former Dean of Harvard Law School, once pointed out that the self-incrimination principle is “one of the great landmarks of man’s struggle to make himself civilized” and serves as “an ever-present reminder of our belief in the importance of the individual.” This seminar course is designed for law students who have already completed Constitutional Law-1 and Constitutional Law-2 and seeks to provide an in-depth interdisciplinary examination of the Self-Incrimination Principle within the Indian legal framework. Building on the foundational knowledge acquired in prior constitutional law courses, which often cover the breadth of topics without delving deep into specific principles, this course aims to focus on a thorough understanding of this complex subject.

The course incorporates a mix of primary legal texts like statutes and case law, alongside secondary materials such as scholarly articles and psychological studies.

The pedagogical approach combines lectures for theoretical clarity, Socratic discussion seminars for analytical depth, and response papers for reflective learning.

The course is structured sequentially over ten weeks, each comprising two 2-hour sessions. Topics progress from a focused understanding of current legal positions in India to philosophical justifications, historical origins, psychological aspects, and comparative and modern perspectives on the Self-Incrimination Principle.