No individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty : Indian Court, Indian Civil Liberty Holds
Tania Mansukh
May 5, 2010

The compulsory administration of the impugned techniques violates the right against self-incrimination. The test results cannot be admitted in evidence if they have been obtained through the use of compulsion.

In a major blow to investigating agencies, the Supreme Court on Wednesday held unconstitutional and violation of the ‘right to privacy'' the use of narco analysis, brain-mapping and polygraph tests on accused, suspects and witnesses without their consent.

A three-Judge Bench of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal, in a 251-page judgment, said: “We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty.”

The judges said: “The compulsory administration of the impugned techniques violates the right against self-incrimination. The test results cannot be admitted in evidence if they have been obtained through the use of compulsion. Article 20 (3) of the Constitution [No person accused of any offence shall be compelled to be a witness against himself] protects an individual's choice between speaking and remaining silent, irrespective of whether the subsequent testimony proves to be inculpatory or exculpatory.”

No individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty : Indian Court, Indian Civil Liberty Holds
Tania Mansukh
The compulsory administration of the impugned techniques violates the right against self-incrimination. The test results cannot be admitted in evidence if they have been obtained through the use of compulsion.
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