Narco Analysis Test Cannot Be Forcibly Conducted on An Individual

• Recently, UP government (In Hathras case) has reportedly ordered to conduct polygraphic and narco analysis test on the accused and victim’s relatives.

About:

• 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.

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