The Delhi High Court on Monday reserved its orders on a plea seeking directions to police to ask the complainant if they are willing to undergo narco analysis, polygraph and brain mapping tests to prove that the complaint made is genuine.
While dealing with the public interest litigation (PIL) petition by BJP leader Ashwini Upadhyay, the court remarked that prayers sought would involve changes to the Code of Criminal Procedure (CrPC) and such directions cannot be passed by the court.
“Mazak thodi hai. CrPC hai sahab (It is not a joke. It is CrPC, sir),” Chief Justice Satish Chandra Sharma said.
Upadhyay, meanwhile, stated that there have been a number of cases where people have been in jail for 10-15 years on false rape, dowry and SC/ST cases and asking complainants to go through these tests would reduce such false matters.
The bench, also comprising Justice Subramonium Prasad, said that they are not lawmakers.
“We will not go beyond CrPC. Please show where the CrPC says that police officer should ask this question (to complainant)… We have told you earlier as well, we are not lawmakers,” Chief Justice said.
Upadhyay responded that he is not seeking directions to the Central government to formulate and implement a law but a direction to law commission to make a report on controlling the fake cases.
The Court then said it will pass appropriate orders in the matter.
In his PIL, Upadhyay argued that asking complainants to go through these tests while registering complaints and recording statements in the chargesheet would work as a deterrent and there will be “massive reduction in fake cases”.
“It will also secure right to life, liberty and dignity of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases,” the plea stated.
The PIL said that narco-analysis does not amount to compulsion as it is a mere process of extracting information through disinhibition and the whole process is recorded and a report is given by doctors for further consideration.