Narco, polygraph tests can’t be forced on anyone: SC
05 May 2010
Striking a blow for individuals' rights over those of law enforcement agencies, the Supreme Court today said that
narco-analysis, brain mapping and polygraph tests, increasingly being used by investigating agencies as a short-cut to help solve complicated cases, is unconstitutional and ''an unwarranted intrusion on the individual's rights''.
"Narco, brain-mapping and polygraph tests cannot be forced, it is a violation of personal liberty," said the court. "Certain safeguards must be there for consented narco tests."
The verdict is a serious setback for the Central Bureau of Investigation (CBI) which argued that all their tests are legally sanctioned and are critical in cases where they can help provide evidence of crimes.
The court, upheld Article 20 (3) of the India Constitution that states "no person accused of any offence shall be compelled to be a witness against himself."
It, however, said that if a person volunteers to go through narco-analysis or brain-mapping, the findings cannot be used without other supporting evidence. Also, while conducting these tests, investigating agencies have to follow the guidelines of the National Human Rights Commission (CNHRC).
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