Supreme Court Reaffirms Constitutional Protection Against Involuntary Narco-Analysis Tests
The Supreme Court recently set aside a Patna High Court order that allowed an involuntary narco test, reaffirming that such tests are unconstitutional without informed consent. The ruling emphasizes that forced tests violate Article 20(3) of the Constitution, which protects against self-incrimination, and Article 21, which guarantees the right to privacy and personal liberty. While a person may volunteer for a test as part of their defense, the court maintained that any information obtained without free consent cannot be used as evidence, upholding the 'Golden Triangle' of Articles 14, 19, and 21. The ruling follows the precedent set in the Selvi case.
Key Points
- Narco tests involve administering substances like Sodium Pentothal to lower a subject's inhibitions.
- The Selvi v. State of Karnataka (2010) guidelines established that involuntary tests are a breach of fundamental rights.
- The court clarified that even if a test is voluntary, it must be conducted with medical and legal safeguards.
- The principle of individual autonomy is central to the concept of natural justice in criminal proceedings.
Exam Facts
- Article 20(3) protects against self-incrimination.
- Selvi v. State of Karnataka (2010) is the landmark judgment on narco tests.
- Maneka Gandhi v. Union of India (1978) explained the 'Golden Triangle' of Articles 14, 19, and 21.
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