Narco analysis????//
Aashish Satpute.
(Querist) 22 December 2010
This query is : Resolved
The prosecution has applied for Narco analysis examination and Brain Electrical Activation profile (BEAP) of accused to prevent criminal activities in the future as well as in the said offence(i.e he was charge sheeted for 7 bomb blasts and acquitted in all cases)where it is difficult to gather evidence through ordinary means.
The accused raised an objection that prosecution cannot carry these without his consent as it is violation of his fundamental right guaranteed under ART.20(3),and ART.21 of Indian constitution.
trial court has allowed the application of prosecution. the accused challenged the order of the trial court in the high court.
The high court also reject the application of accused and confirms the order of trial court.
THE accused prefers appeal against the order of trial court and confirming order of high court in supreme court on following grounds.
The involuntary administration of these techniques violates the right against “Self incrimination” enumerated in art20(3) and art.21 of Indian constitution
The investigation use of impugned techniques create a likelihood of incrimination for the subject.
The result derived from the above techniques amounts to ” Testimonial compulsion” thereby violating right guaranteed under art.20(3).
The involuntary administration of above techniques exceed the reasonable restriction on “personal liberty” guaranteed under art.21 of constitution.
above was discussion between me and frendz while in library…………..
Q.1 IS SUCH EXAMINATION VIOLATION OF CONSTITUTIONAL RIGHT UNDER ART.20(3).
Q.2 IS THERE ANY CASE LAW FOR SUCH VIOLATION?
PLZ GIVE ALL DIRECTION HOW TO TACKLE SUCH PROBLEM……
s.subramanian
(Expert) 22 December 2010
The Supreme Court in the case of Selvi Vs State of Karnataka has clearly laid won that narco analysis violates Art.20(3).
Raj Kumar Makkad
(Expert) 22 December 2010
Definitely such tests are open violation of various fundamental rights as guaranteed under Constitution of India and State has got not arbitrary power to violate such rights in pick and chose manner. You should insist before Hon'ble Court in the light of similar decided case as cited.
