Reply To: Procedure For the NARCO Analysis Test

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advtanmoy
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Selvi and others Vs. State of Karnataka; 2010 (7) SCC 263

The Supreme Court in the case of Selvi and others Vs. State of Karnataka; 2010 (7) SCC 263 considered the legality of the three scientific tests viz.(i) Narco Analysis; (ii) Polygraph test (Lie Detector Test) and (iii) BEAP (Brain Electrical Activation Profile) Test. The legality of the three scientific tests were challenged interalia on the grounds that a direction to the accused to undergo those tests violate the rights guaranteed to the accused under Articles 20 and 21 of the Constitution of India and under Section 161 ( 2) of the Cr.P.C. It is undisputed that for conducting the Narcoanalysis test intravenous injection of Sodium Pentothal will be given to the subject of the test and due to which the subject of the test goes into hypnotic trance. In Polygraph test, some instruments like cardiographs, pneumographs, cardiocuffs, sensitive electrodes etc. would be attached to the subjects body before measuring the physiological responses. In BEAP test, electrical waves emitted from the subjects brain would be recorded by attaching electrodes to his scalp.