Consent in Brain Mapping and Narco Analysis

Answer: [B] Section 27


In the case of Selvi v. State of Karnataka supreme court held the use of brain-mapping, Narco-analysis, and polygraph tests without the consent of accused, suspects and witnesses which is unconstitutional and violation of the ‘right to privacy’. A three-Judge Bench of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal said in their Judgement: 

“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 CJI said in Judgment:

“It is our considered opinion that subjecting a person to the impugned techniques in an involuntary manner violates the prescribed boundaries of privacy.”

The 3 judges Bench stated that if these techniques were used compulsorily if would violate Article 20 (3).  The Bench made it clear that even when the subject had given consent to undergo any of these tests, the test results by themselves could not be admitted as evidence because “the subject does not exercise conscious control over the responses during the administration of the test. However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with Section 27 of the Evidence Act.

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