What does the Supreme Court’s ruling on narco tests mean?
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Supreme Court ruled that forced or involuntary narco tests are unconstitutional, overturning a Patna High Court order and reinforcing the right against self-incrimination.
Background
The Supreme Court cited the Selvi v. State of Karnataka (2010) guidelines to rule against involuntary narco tests. The court held that information obtained without free and informed consent cannot be used as evidence in criminal proceedings.
Facts for Prelims
- ConstitutionArticle 20 of the Constitution provides the right against self-incrimination.
- BodySupreme Court of India overturned a Patna High Court order regarding narco testing.
- FactSelvi v. State of Karnataka (2010) established guidelines for narco tests and other forensic techniques.
For Mains
Q. Discuss the conflict between the state's power to investigate crimes and an individual's fundamental right against self-incrimination in the context of forensic techniques.
Dimensions to cover in your answer
- Constitutional conflict: Balancing investigative efficacy with the protection of personal liberty under Article 21.
- Evidentiary integrity: Risk of coerced confessions undermining the 'fair trial' principle and judicial reliability.
- Ethical safeguards: Necessity of informed consent and procedural oversight in neuro-scientific forensic procedures.
Keywords: Right against self-incrimination · Informed consent · Constitutional morality · Forensic evidence · Individual autonomy
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