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Questions and Answers
What is the alternative narrative offered to counter the use of `third degree methods' by investigators?
The use of scientific techniques such as polygraph examination and BEAP test is offered as a softer alternative.
What is the underlying assumption about the impact of improvements in fact-finding during the investigation stage on the rate of prosecution and acquittal?
The assumption is that improvements in fact-finding will increase the rate of prosecution and acquittal.
What is the constitutional provision that is invoked to protect against involuntary self-incrimination?
Article 20(3) of the Constitution, which protects against self-incrimination, is invoked.
What is the rationale behind the court's ruling that test results from polygraph examination and BEAP test do not fall under `testimonial compulsion'?
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What is the additional constitutional guarantee that is invoked to challenge the use of scientific techniques in criminal investigations?
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What is the primary concern raised by the use of narcoanalysis, polygraph examination, and BEAP test in criminal investigations?
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What is the main argument in favor of using these techniques, as cited in the impugned judgments?
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What is the significance of the fact that the information extracted through these techniques is not admissible as evidence during the trial stage?
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What provisions of the law have been cited to justify the use of these techniques?
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What is the implication of subjecting individuals to these tests without their consent, as raised in the objections?
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Study Notes
Legal Questions in Criminal Appeals
- The case raises questions about the use of scientific techniques like narcoanalysis, polygraph examination, and Brain Electrical Activation Profile (BEAP) test in criminal investigations.
- These techniques are used to improve investigation efforts, but they raise concerns about individual liberties.
Objections to the Techniques
- Objections have been raised about the use of these techniques on individuals without their consent, including accused, suspects, and witnesses.
- The techniques are defended as necessary to extract information for preventing criminal activities and gathering evidence.
Code of Criminal Procedure and Indian Evidence Act
- Some judgments have relied on the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 to emphasize the responsibility of citizens to cooperate with investigation agencies.
- It is argued that these techniques do not cause bodily harm and the extracted information will only be used for investigation purposes, not as evidence during the trial.
Right Against Self-Incrimination
- The involuntary administration of these techniques raises questions about the right against self-incrimination under Article 20(3) of the Constitution.
- It is debated whether the information extracted through these techniques amounts to testimonial compulsion, which is protected under Article 20(3).
Historical Origins and Rationale
- The historical origins and rationale behind the right against self-incrimination need to be examined to determine its scope and application.
- The question is whether this right extends to the investigation stage and whether the test results are of a testimonial character.
Substantive Due Process
- The guarantee of substantive due process under Article 21 of the Constitution also needs to be considered in this context.
- The question is whether the provisions in the Code of Criminal Procedure, 1973 that provide for medical examination are in line with the right to personal liberty.
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Description
This quiz covers the legal aspects of using scientific techniques such as narcoanalysis, polygraph examination, and BEAP test in criminal investigations in India. It explores the tensions between efficient investigation and individual rights.
