Legal Implication of Narco Analysis

Selvi vs State Of Karnataka

Bench: K.G. Balakrishnan, R.V. Raveendran, J.M. Panchal - Criminal Appellate Jurisdiction - Criminal Appeal No. 1267 of 2004 - Criminal Appeal Nos. 54 of 2005, 55 of 2005, 56-57 of 2005, 58-59 of 2005, 1199 of 2006, 1471 of 2007, and Nos.987 & 990 of 2010 [Arising out of SLP (Crl.) Nos. 10 of 2006 and 6711 of 2007]

In a major blow to investigating agencies, the Supreme Court held the use of narco analysis, brain-mapping and polygraph tests on accused, suspects and witnesses without their consent as unconstitutional and violation of the ‘right to privacy'.

Supreme Court says: “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.”

JUDGMENT

K.G. Balakrishnan, C.J.I.

Leave granted in SLP (Crl.) Nos. 10 of 2006 and 6711 of 2007.

1. The legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for the 1purpose of improving investigation efforts in criminal cases. This issue has received considerable attention since it involves tensions between the desirability of efficient investigation and the preservation of individual liberties. Ordinarily the judicial task is that of evaluating the rival contentions in order to arrive at a sound conclusion. However, the present case is not an ordinary dispute between private parties. It raises pertinent questions about the meaning and scope of fundamental rights which are available to all citizens. Therefore, we must examine the implications of permitting the use of the impugned techniques in a variety of settings.

2. Objections have been raised in respect of instances where individuals who are the accused, suspects or witnesses in an investigation...