• Recently, UP government (In Hathras case) has reportedly ordered to conduct polygraphic and narco analysis test on the accused and victim’s relatives.
• In 2010, a SC judgment (in Selvi versus State of Karnataka) made following observations regarding involuntary administration of narco analysis, polygraph examination and the Brain Electrical Activation Profile test:
• Compulsory administration of the techniques like narco analysis tests constitutes cruel, inhuman or degrading treatment’ in the context of Article 21.
• No person who is a victim of an offence can be compelled to undergo any of the tests in question.
• Forceful subjection to such tests will amount to an unwarranted intrusion into personal liberty.
• Consequences of such tests on individuals from weaker sections of society who are unaware of their fundamental rights and unable to afford legal advice can be devastating.
• Voluntary administration of such techniques in the context of criminal justice is permissible.
• Judgment also reproduced Guidelines for the Administration of Polygraph Test on an Accused and stated similar safeguards should be adopted for conducting the tests like Narco analysis technique etc.
Mains Paper 3: Science and Tech
Prelims level: Narco Analysis Test
Mains level: Highlights the ruling made by Supreme court on Narco Analysis Test