the constitutional guarantee of fair procedure. The Supreme Court affirmed that the accused has a right to silence during interrogation if the answer exposes her/him into admitting guilt in either the case under investigation or in any other offence. They pointed out that ground realities were such that a police officer is a commanding and authoritative figure and therefore, clearly in a position to exercise influence over the accused. C. Directions by the Supreme Court 1. An accused person cannot be coerced or influenced into giving a statement pointing to her/his guilt. 2. The accused person must be informed of her/his right to remain silent and also of the right against self incrimination. 3. The person being interrogated has the right to have a lawyer by her/ his side if s/he so wishes. 4. An accused person must be informed of the right to consult a lawyer at the time of questioning, irrespective of the fact whether s/he is under arrest or in detention. 5. Women should not be summoned to the police station for questioning in breach of Section 160 (1) CrPC. An essential element of a fair trial is that the accused cannot be forced to give evidence against her/ him. Forcing suspects to sign statements admitting their guilt violates the constitutional guarantee against self incrimination and breaches provisions of the Code of Criminal Procedure, 1973 [CrPC] It is also inadmissible as evidence in a court of law. In addition, causing hurt to get a confession is punishable by imprisonment up to seven years. This has been clarified/ modified in D.K Basu v State of West Bengal AIR 1997 SC. The Supreme Court has said that the arrestee [arrested person] may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. Children below 15 and women should not be summoned to the police station or to any other place by an investigating officer. They should only be questioned at their place of residence. Under Article 20 (3) 16 Section 162 (1) Code of Criminal Procedure, 1973 [CrPC] directs that a statement made to a police officer during investigation should not be signed by the person making it. Manual on Human Rights for Police Officers 71