NARCO TEST AND BRAIN MAPING LIE DETECTOR TEST DURING INVRSTIGATION OF POLICE

The Supreme Court has held that narco-analysis, polygraph and brain mapping tests on an accused are illegal. The court, however, permitted use of such techniques in criminal cases on consent and with some safeguards.

“We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty,” said a bench comprising chief justice K G Balakrishnan, Justice R V Raveendran and Justice J M Panchal.

Like confessions, Narco-analysis tests generally don’t have legal validity as it is made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. Narco-analysis, brain mapping and lie detector tests against the will of the accused would be violative of Article 20 (3) of the Constitution. The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence. Art. 20(3) which embodies this privilege says, “No person accused of any offence shall be compelled to be a witness against himself”. Subjecting the accused to undergo the test, as has been done by the investigative agencies in India, is considered by many as a blatant violation of Art.20 (3) of Constitution.

In Selvi vs. State Of Karnataka (Criminal Appeal No 1267 of 2004), the court held that these techniques were violative of article 20(3) of the constitution. 

1.  Such Tests are admissible ONLY "IF" prior permission /sanction is taken from Court.

Keep Smiling .... Hemant Agarwal
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