Constitutional validity of the forced narco analysis essay
Sreejit Nair, Symbiosis Law School, PuneINTRODUCTIONThe polygraph test and narcoanalysis are important components of evidence and have constitutional legitimacy. With the advancement of technological innovation, sophisticated methods of lie detection have been developed, eliminating the need for authorities to use the third degree. Author: Nikhilesh Koundinya Symbiosis Law School, PuneINTRODUCTION In the landmark judgment of Selvi v. State of Karnataka 1, the Supreme Court held that interrogation tools such as Polygraph Test, Brain Mapping and Narco Analysis are an inadmissible form of evidence as they play with the mind of the person and contrary to Criminal - Inferred evidence - Admissibility of - Evidence Act, 3 of the Constitution of India, 1950 - Admissibility of extracting statements which may form a link in the chain of evidence and thereby create a risk of exposure to prosecution. is a clear violation of 3 of the constitution. This article is about the privilege against self-incrimination, which is the fundamental canon of common law criminal jurisprudence. 3 says: “No person accused of any criminal offense shall be compelled to commit a. The article attempts to analyze the accuracy and the grounds on which such tests would be a violation of the right to privacy, which is a part of the right to life, and therefore also analyzes the constitutional validity of the Narco Analysis Test from the scope of 3 of the Constitution of India, which is the supreme law of the land. Thereafter, the, These tests are inconsistent with, of the Constitution of India, 1950. deals with the protection in respect of conviction for certain offences. 3 means that “no one shall be forced to be a witness against himself.” It is about the right against self-incrimination.IV. The Bombay High Court recently delivered an important judgment in the case of Ramchandra Reddy and Ors. v. State of Maharashtra, 2 upheld the legality of the use of P Brain fingerprinting, lie detector tests and the use of truth serum or narco analysis. The court upheld a special court order passed by the Pune Special Court.