Supreme ruling : Narco test unconstitutional

By S A Ishaqui


Hyderabad, May 5: A full bench of the Supreme Court comprising Chief Justice K G Balakrishnan , Justice R V Raveendran and Justice J M Panchal on Wednesday held that forcing someone to go through brain-mapping, narco-analysis or lie detector tests was unconstitutional .

The bench observed that "it is an unwarranted intrusion on the individual's rights."

The verdict is a serious setback for the Central Bureau of Investigation (CBI) which argued that these tests are neither allowed nor submitted as primary evidence, are non-invasive, and are critical in providing leads in tough-to-prove cases of terror and murder.

During narco-analysis, the subject is drugged into a semi-unconscious state; then questions are asked and responses recorded on camera.

The court, however, held that Article 20 (3) of the India Constitution that states "no person accused of any offence shall be compelled to be a witness against himself."

If a person volunteers to go through narco-analysis or brain-mapping, the findings cannot be used without other supporting evidence, said the court. Also, while conducting these tests, investigating agencies have to follow the guidelines of the National Human Rights Commission (NHRC).

The case against these forms of interrogation and investigation was moved, among others, by Santokben Sharmanbhai Jadeja, a woman accused of leading an underworld gang in Gujarat, and K Venakteswara Rao, accused in Krushi Bank fraud in Andhat Prades.

The Delhi High Court had also recently restrained the police from going ahead with narco-analysis for arrested Naxal leader Kobad Ghandy till the Supreme Court gave its ruling.

Two judges of the AP High Court were also gave a split verdict on the issue in the case B Ramalinga Raju former chairman of Satyam Computers and his associates.

The Supreme Court's verdict could seriously impact the defense in some high-profile cases, like the Saytam scam.


Full verdict of the Supreme Court and verdict of the AP High Court enclosed herewith.