Delhi HC reserves verdict in PIL seeking directions to police to ask complainants, accused if they are willing to undergo narco, polygraph tests

The Delhi High Court Monday reserved its verdict in a plea seeking directions to the police to ask the complainants if they are willing to undergo scientific tests like /">narco analysis and brain mapping during the investigation to prove allegations, and record their statements in the FIR.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad after hearing the PIL moved by advocate and petitioner Ashwini Kumar Upadhyay said that it will pass appropriate orders.

During the hearing, Upadhyay said that there had been “massive misuse in particular cases” and people have been in jail for 10-15 years on fake allegations.

Upadhyay further sought a direction to the police to ask the accused “whether he/she is willing to undergo Narco Analysis, Polygraph Brain mapping test to prove his/her innocence” and record the statement in the chargesheet. The plea also seeks a direction to the Law Commission of India to prepare a comprehensive report to control fake cases and to reduce the police investigation time and judicial time.

The plea contends that narco analysis does not amount to compulsion as it is a mere process of extracting information through disinhibition. “The results are ascertained from the video recorded during the test which could help in disseminating more information. The whole process is video recorded and a report is given by the doctors for further consideration and to help find more evidence,” the plea states.

“…one can seek protection under Article 20(3) when he is charged with an offense and forced to be a witness against himself but recording her statement ‘whether she is willing to undergo Narco Analysis, Polygraphy and Brain mapping test to prove her allegation or innocence’ won’t offend Article 20(3),” the plea states. Article 20(3) of the Constitution states that no person accused of an offence shall be compelled to be a witness against himself.