Write a note regarding involuntary subjection of a person to Narco-analysis test, polygraph test.....latest judgments of the Supreme Court of India.

Question: Write a note regarding involuntary subjection of a person to Narco-analysis test, polygraph test, and brain mapping test with special reference to the latest judgments of the Supreme Court of India. [RJS 2016]

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Answer

Deception Detection Tests (DDTs), including narco-analysis, polygraph tests, and brain mapping, have raised significant legal and ethical concerns in India. While these methods aim to uncover concealed information during criminal investigations, their application often conflicts with constitutional safeguards.

The right against self-incrimination, protected under Article 20(3) of the Indian Constitution, states that no person accused of an offence shall be compelled to be a witness against themselves. This principle is further supported by Article 21, which guarantees the right to life and personal liberty, encompassing the right to privacy and protection against inhumane treatment.

In State of Bombay v. Kathi Kalu Oghad [1961 AIR 1808], the Supreme Court held that the right against self-incrimination applies only to communicative acts by the accused and does not extend to physical evidence such as fingerprints or blood samples. However, the court did not specifically address DDTs, as these techniques were not in use at the time.

The landmark judgment in Smt. Selvi & Ors. v. State of Karnataka [2010(7) SCC 263] clarified the legal stance on DDTs. The Supreme Court held that the involuntary administration of narco-analysis, polygraph tests, and brain mapping violates Article 20(3) and Article 21. The judgment emphasized:

• Informed Consent: No DDT can be conducted without the explicit and informed consent of the individual.
• Protection Against Self-Incrimination: Statements made during such tests are inadmissible as evidence because they are not voluntary.
• Ethical and Human Rights Concerns: Forcing individuals to undergo these tests undermines their dignity and autonomy, amounting to cruel, inhuman, or degrading treatment.

The court laid down guidelines ensuring that DDTs are conducted only with consent and in accordance with strict procedural safeguards to prevent misuse. Thus, while DDTs may assist in investigations, their involuntary application is unconstitutional and legally impermissible in India, reaffirming the supremacy of fundamental rights over investigatory expediency.

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