10 Questions
What is the concern regarding the use of these scientific techniques?
The balance between efficient investigation and preservation of individual liberties
What are the three scientific techniques involved in the case?
Narcoanalysis, polygraph examination, and the Brain Electrical Activation Profile (BEAP) test
What is the argument made by those who support the use of these techniques?
That they do not cause bodily harm and will aid in preventing future criminal activities
What laws are cited to support the use of these techniques?
The Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872
What is the significance of this case beyond just the immediate issue?
It raises fundamental questions about individual rights and liberties
What is the primary assumption underlying the use of scientific techniques in investigation?
That improvements in fact-finding will lead to an increase in both prosecution and acquittal rates.
What is the alternative that the use of scientific techniques is seen as a replacement for?
The use of `third degree methods' by investigators.
What is the primary constitutional right that is invoked in the context of the use of scientific techniques in investigation?
The `right against self-incrimination' as enshrined in Article 20(3) of the Constitution.
What is the key issue in determining whether the results of scientific techniques such as polygraph examination and BEAP test are protected by Article 20(3)?
Whether the results are of a `testimonial' character.
What is the additional constitutional right that is invoked in relation to the use of scientific techniques in investigation?
The guarantee of substantive due process' as part of the right to personal liberty' protected by Article 21 of the Constitution.
Study Notes
Involuntary Administration of Scientific Techniques
- The issue involves the involuntary administration of narcoanalysis, polygraph examination, and Brain Electrical Activation Profile (BEAP) test for investigation purposes.
- These techniques raise tensions between efficient investigation and preservation of individual liberties.
Concerns and Objections
- Objections have been raised regarding instances where individuals were subjected to these tests without their consent.
- The techniques have been defended as a means to extract information to prevent criminal activities and aid investigations.
Legal Context
- The Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973, have been cited to emphasize citizens' responsibility to cooperate with investigation agencies.
- The assertion is that these techniques do not cause bodily harm and the extracted information will only be used for investigation purposes, not as evidence in trials.
Right Against Self-Incrimination
- The involuntary administration of these techniques raises questions about the protective scope of the right against self-incrimination under Article 20(3) of the Indian Constitution.
- The right against self-incrimination extends to the investigation stage, and the test results are of a testimonial character, attracting the protection of Article 20(3).
Substantive Due Process
- The guarantee of substantive due process under Article 21 of the Constitution is also invoked, questioning the legality of using these techniques.
- The provisions in the Code of Criminal Procedure, 1973, regarding medical examination and the admissibility of test results are also under scrutiny.
This quiz explores the use of scientific techniques like narcoanalysis, polygraph, and BEAP tests in investigation, and the ethical concerns surrounding individual liberties and consent.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
