Rights of accused at the stage of administering truth serum,brain mapping etc?

If the accused is allergic then he can take the plea of it in the court but it totally depends on the court wheather it allow brain mapping or not. Today many conviction has been done on the basis of brain mapping though it violates the Article 20(3) and 21 of Indian Constitutioin and many time rejected.

In  June 2008, a 24 year-old woman, Aditi Sharma, was convicted of murdering her fiancé in Maharashtra, India on the basis of a Brain Electrical Oscillations Signature (BEOS) test.

In 2004 THE BOMBAY HIGH Court recently ruled that subjecting six of the accused in the multi-crore rupee fake stamp paper case to "certain physical tests involving minimal bodily harm" such as narcoanalysis, lie detector tests, and brain mapping did not violate their constitutional rights, specifically the protection against self-incrimination guaranteed by Article 20(3).

In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states' police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.


If the accused died then the state is liable.


If the State is not having such facility then the accused can be taken to other state for such tests if the case is of such an importance.

Under the Latin maxim "Necessitas probandi incumbit ei qui agit", the general rule is that "the necessity of proof lies with he who complains." Every accused is presumed innocent unless and until the contarary has been proved and burden of proof lies on the state to proof its case Beyond a Resonable Doubt and the state has to bear the expense.

Mr. Ansari has given quite a good reply....Mr. Ansari if u have any specific or reported judgment of SC on this matter then pls mention it here....may it be parties name.

m not sure but i think there is some recent judgment of SC which would say that such kind of tests do not amount to violation of Art. 20 and 21 of the constitution of India.

this issue shall be considered exhaustively, reason being these days such kind of tests are being used by the investigation agencies on frequent basis, esp this narco analysis test.

Thanks Ansari.

Involuntary Narco Tests are Unconstitutional, says Hon. SC,

        A bench of SC comprising  Hon. CJI KG Balakrishnan, Hon. Justices R V Ravindran  and JM Panchal have held that no individual should be forcibly subjected to any kind of techniques in question, whether in the context of investigation in criminal cases or otherwise. It further added that doing so would amount to an unwarranted intrusion into personal liberty. The Apex court also imposed certain restrictions on the Police and Investigation Agencies from using truth serums and other scientific tests to extract information without the consent of the suspects. The SC also clarified that even though the suspect had given consent to undergo any of these tests, the result by themselves could not be admitted as evidence because the subject did not exercise conscious control over the responses during the administration of the test.

Source: LexWitness a lega magazine, June’ 10

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https://fight-against-terrorist.blogspot.com/

OPENING THE MASK OF CRIMINAL SOME REPUTED COMPANIES CEOs

Fight against Scientific Terrorist:

Criminal activity is going on in INDIA by some sompanies CEOs, the
name of the companies as following -
1. SONY INDIA SOFTWARE CENTER Bangalore
2.SAMSUNG INDIA SOFTWARE OPERATION Bangalore
3.dWise Solution Bangalore

Terrorism activity, prostitution business etc all vulnerable
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who is in good position in INDIA administration will want to stop all
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through any honest "Criminal Bureau Investigation" department to
arrest those Criminal CEOs to put in custody as soon as possible to
stop 3rd world war and to protect Ladies employees/ all INDIA. All
criminal case will be clear now.