Right to Be Informed of the Right to Remain Silent and to Counsel (Sec. 12(a), Art. III)

An accused not only has the right to remain silent and to counsel when under investigation, but he also has the right to be informed of his right to remain silent and to counsel.

The right to remain silent means that the accused could not be forced to answer any question during the investigation.

The right to counsel means he should provided with counsel of his own choice during the investigation. If he cannot afford to pay his counsel’s services, he should be given free legal counsel.

Any evidence obtained in violation of the above-mentioned rights shall be inadmissible in any proceeding.

The right to be informed of his right to remain silent and to have counsel is available the moment an arrest or detention, with or without warrant, is made.

The word “under investigation” includes custodial investigation or investigation where the proceeding is not a mere general inquiry into an alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation.