Crime Today News
The Supreme Court on Monday ruled that conducting narco-analysis tests on persons accused in a case without their consent is not permissible and amounts to a violation of fundamental rights.
The court set aside a Patna High Court order that had permitted the test to be carried out on persons accused in a dowry death case.
A bench of Justices Sanjay Karol and Prasanna B Varale held that the High Court had erred in accepting the investigating officer’s request to conduct narco-analysis tests on the accused while hearing a bail plea.
In a narco-analysis test, the accused is injected with sodium pentothal, a drug that puts them in a sedated state. In this condition, they are believed to be unable to lie and may reveal truthful information.
Calling it an “impermissible investigative shortcut in a bail proceeding”, the Supreme Court said that such an approach violates Article 20(3) and Article 21 of the Constitution.
It added that a bail court cannot act as a “mini trial court” by allowing invasive procedures such as narco-analysis tests.
Article 20(3) of the Constitution protects individuals from being compelled to be a witness against themselves or give self-incriminating testimony. Article 21 pertains to protection of life and personal liberty.
The Supreme Court said that an accused has a right to voluntarily undergo a narco-analysis test at an “appropriate stage” of the investigation.
It added that even if the accused voluntarily agrees to a narco-analysis test, the results alone cannot be used to convict them.
“There is no indefeasible right to seek narco-analysis even voluntarily,” the court held.
This article first appeared on Scroll.in
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