Supreme Court declares narco-analysis, brain-mapping illegal

By ANI
Wednesday, May 5, 2010

NEW DELHI - The Supreme Court on Wednesday said that brain mapping, narco-analysis or lie detector tests is unconstitutional because it is an unwarranted intrusion on the individual’s rights.

A bench headed by Chief Justice K G Balakrishnan said: ” “We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily.”

The apex court said these tests are violative of Article 23, which protects a person from being forced to give evidence against himself.

The apex court also said that certain safeguards must be there for consented narco test.

These intrusive tests violate a suspect’s ‘right to privacy’ that forms part of right to life and liberty, a fundamental right guaranteed under Article 21, they contend.

Investigative agencies have been defending the use of these tests saying it is necessary to deal with organised crime and terrorism and to crack complicated cases.

This move can come as a setback to several high profile cases, like the Arushi murder case, Ruchika Girhotra case etc. (ANI)

Filed under: Court, India

Tags: ,
YOUR VIEW POINT
NAME : (REQUIRED)
MAIL : (REQUIRED)
will not be displayed
WEBSITE : (OPTIONAL)
YOUR
COMMENT :