Narco tests: India

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Forced narco tests illegal: SC

From the archives of The Times of India 2010?

Polygraph, Brain Mapping Also Violate Accused’s Fundamental Rights

Dhananjay Mahapatra | TNN

New Delhi: The Supreme Court on Wednesday held as unconstitutional forcible narco-analysis, polygraph and brain electrical activation profile or brain-mapping tests, in a blow to cops who were increasingly using the procedures as investigation tools even when the findings could not be used as evidence.

In an order that virtually spells the demise of the practices which have become popular with cops, the SC said they cannot be used even on those accused of serial killings and bomb blasts as they are violative of the fundamental right of a citizen not to incriminate himself and his right to privacy under Articles 20(3) and 21 of the Constitution.

“No individual should be forcibly subjected to any of these techniques in question, whether in the context of investigation in any criminal cases or otherwise,” the apex court said.

On the face of it, the development is a jolt to investigators, considering that the tests have fetched leads for breakthroughs in major cases, including terror-related ones. But not every policeman was happy with reliance on unorthodox methods which led investigators to neglect more rigorous methods whose results would clear legal scrutiny.

Some investigators often found statements made by the accused during tests as flights of fancy which sent them on wild goose chases.

The Ruling

SC holds forcible narco-analysis, polygraph and brainmapping tests as violating two fundamental rights: Article 20.3 that disallows self-incrimination and guarantees right to silence Article 21 that guarantees right to privacy

What It Means

Virtually ends role of such scientific & drug-induced tests. Even if accused consents to the test, results won't be admissible as evidence. Also, tests with consent will have to follow NHRC guidelines

Cases Affected

These high-profile accused cannot be forced to undergo narco-analysis tests now Ramalinga Raju & V Srinivasan in Rs 7,000cr Satyam scam case D G Vanzara in Sohrabuddin fake encounter case Kobad Ghandy, Maoist leader Santokben Jadeja, Gujarat's ‘godmother'

These accused underwent tests and prosecution depended on corroborative evidence based on narco. Will they seek re-trial?

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