Is Narco test legal in court eyes, can a Husband ask for Narco to prove his side? Would that be considerable by court?
What's the procedure of that, if I want to ask judge for this?
Rahul Sharma (Others) 01 June 2012
Is Narco test legal in court eyes, can a Husband ask for Narco to prove his side? Would that be considerable by court?
What's the procedure of that, if I want to ask judge for this?
manish (cdsdfasd sdf) 01 June 2012
unfortunately rahul, i dont think its allowed. i had asked my judge a similar question and he told me its not allowed. But if its allowed at least on a voluntary basis it would be great. But do try it out youirself - no harm in trying
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 June 2012
Narco Analysis is not fool proof and there are serious questions about it's accuracy -and since judicial proceedings require proof that is clinching in nature, narco analysis is not allowed in civil proceedings as a matter of rule. For the simple reason a narco analysis result is open to not just one but many inferences and judges don't give it that much of credence.
As regards criminal proceedings law is settled - without accused's consent it is unconstitutional, if it is voluntary still no evidentiary value except recovery proceedings.
For more on Narco - See Selvi v. State (2010)
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 June 2012
Narco Analysis is not fool proof and there are serious questions about it's accuracy -and since judicial proceedings require proof that is clinching in nature, narco analysis is not allowed in civil proceedings as a matter of rule. For the simple reason a narco analysis result is open to not just one but many inferences and judges don't give it that much of credence.
As regards criminal proceedings law is settled - without accused's consent it is unconstitutional, if it is voluntary still no evidentiary value except recovery proceedings.
For more on Narco - See Selvi v. State (2010)
HK_Jain... (498a Fighter) 01 June 2012
Originally posted by :Nina Rakheja | ||
" |
whats its rule in matrimonial cases...If wife drinks can husband seek divorce on this ground? |
" |
NO.
manish (cdsdfasd sdf) 01 June 2012
if that drinking is causing cruelty to the husband - its a ground for divorce under cruelty - Please note that its "a ground"
HK_Jain... (498a Fighter) 02 June 2012
@ Manish
Ya its ground for divorce but indian society/ SC does not beleive that woman can take alcohol and create cruilty on husband and thier relatives.
Cruilty comes under 498a and used by woman only.
For woman its a ground to take divorce but for man its a frivolous complaint only.
manish (cdsdfasd sdf) 02 June 2012
@HK,
yes what you said is right.. But in metros like delhi from where you belong also, the courts have become a little more broadminded especially the higher courts.. Lower judiciary is inept and useless
HK_Jain... (498a Fighter) 02 June 2012
Originally posted by :Nina Rakheja | ||
" |
whats its rule in matrimonial cases...If wife drinks can husband seek divorce on this ground? |
" |
Ya Manish
I am from Delhi.
And again on the query asked by Nina the answer is big NO.
Regards
Hemant Jain
hkjain47@gmail.com