Narco, polygraph or brain mapping tests cannot be conducted on any person, whether an accused or a suspect, without their consent, the Supreme Court said Wednesday.<\/p>\n
A bench of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal said the forcible administration of these tests was an \u201cunwarranted intrusion of the personal liberty\u201d of a person accused of an offence.<\/p>\n
Forcible tests, the court said, violated Article 20(3) of the constitution that says no person accused of an offence could be compelled to be a witness against himself.<\/p>\n
It added that even in cases where a person voluntarily submits to undergo these tests to establish his or her innocence, the National Human Rights Commission (NHRC) guidelines had to be observed.<\/p>\n
Chief Justice Balakrishnan said any confession of the guilt by the accused during the course of these tests could not be treated as evidence in the trial court.<\/p>\n
The Supreme Court had reserved the verdict on a batch of petitions moved by \u2018godmother\u2019 Santokben Jadeja, underworld don Arun Gawli and others challenging the validity of these tests.<\/p>\n","protected":false},"excerpt":{"rendered":"
Narco, polygraph or brain mapping tests cannot be conducted on any person, whether an accused or a suspect, without their consent, the Supreme Court said Wednesday. A bench of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal said the forcible administration of these tests was an \u201cunwarranted intrusion of the personal liberty\u201d […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[],"class_list":["post-5136","post","type-post","status-publish","format-standard","hentry","category-top-law-news"],"yoast_head":"\n