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Rahul Sharma (Others)     01 June 2012

Narco test

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?

 



Learning

 10 Replies

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) 


(Guest)

whats its rule in matrimonial cases...If wife drinks can husband seek divorce on this ground?

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.


(Guest)

Thanks..

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


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