Cooperating in probe not about admitting guilt: SC

NEW DELHI: The Supreme Court has underscored that cooperation with an investigation does not entail an obligation for the accused to admit guilt, observing that the prosecution bears the onus of proving its case independently and cannot rely on extracting self-incriminating evidence from the accused.

- Utkarsh Anand

"It is important to note that cooperating with the investigation does not mean that the accused has to admit his guilt," stated a bench comprising justices Bhushan R Gavai and KV Viswanathan.

The court's observation came on Tuesday while granting prearrest bail to Govind Singh Yadav, an accused in a 2022 cheating and forgery case whose anticipatory bail was sought to be contested by the prosecution on the ground that he did not produce the required documents for the investigation.

However, the court noted that Yadav had appeared before the investigators and had complied with its earlier interim protection order from September 9, adding that cooperation cannot equate to self-incrimination. The court highlighted that the prosecution must discharge its burden of proof beyond a reasonable doubt and cannot expect the accused to provide evidence to incriminate themselves.