scorecardresearch
Friday, Feb 03, 2023
Advertisement

SC verdict to stop misuse of narco-test by police: Experts

SC ruling on narco-analysis and brain-mapping tests on suspects has received an overwhelming support from legal and constitutional experts.

The Supreme Court ruling declaring compulsory use of narco-analysis,brain-mapping and polygraph tests on suspects as illegal has received an overwhelming support from legal and constitutional experts who say that police will no longer be able to “misuse” them.

The experts are of the view that the verdict is not only in consonance with the spirit of the Constitution but also in conformity with international human rights conventions.

“I welcome the judgement whole-heartedly. It is entirely in conformity with human rights conventions. First developed in 1995,these techniques are scientifically not acceptable. I agree with the verdict,” senior advocate K T S Tulsi said.

“It will prevent misuse by the police,particularly by the Indian police which resorts to torture and other techniques for forcing confession,” he said adding,”Under Constitution,no accused can be compelled to be witness against himself.”

Subscriber Only Stories
UPSC Key- February 3, 2023: Learn about Coastal Regulation Zone, Follow-o...
JCB Prize for Literature 2022-winning translator Baran Farooqi on growing...
Delhi Confidential: Meet, greet and part in Parliament
In Jamtara, old panchayat buildings turned into libraries and study circl...

Agreeing with Tulsi,senior advocate K K Venugopal said such scientific truth-finding tests amount to the “testimonial compulsion” which is not permitted under the law.

“In my view,the judgement is excellent one. It is in consonance with the clear mandate of the Article 20(3) of the Indian Constitution. Further,use of narco test or other similar tests definitely amounted to the testimonial compulsion. The judgement will have far-reaching implications for the protection of human rights,” Venugopal said.

Welcoming the judgement,former law Minister Shanti Bhushan said that it is absolutely correct and it would have no impact on the investigation of criminal cases as these are newly-developed techniques.

Advertisement

“It is not going to affect the investigation of dreaded criminals and terrorists because it a new technique and probe has been done by the investigating agency since hundred years.

Circumstantial and other type of evidence are more important,” he said.

First published on: 05-05-2010 at 17:45 IST
Next Story

B’lore scientist inducted in IPCC review committee

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement
close