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deepthi puthiyaveetil (student)     05 February 2010

narco analysis and art.20(3)

friends,

     CAN A PERSON CLAIM THE BENEFIT OF ART.20(3) AS SOON AS A COURT ORDERS FOR THE CONDUCT OF NARCO ANALYSIS ON HIM?

IF SO, THEN MY QUESTION IS , WHAT IS ACTUALLY THE PROTECTION AVALIABLE UNDER ART.20(3)?

IS IT PROTECTION AGAINST COMPULSION TO ADMINISTER A TEST OR MAKE A STATEMENT OR IS IT PROTECTION AGAINST THE USE OF SUCH STATEMENT AS EVIDENCE?



Learning

 3 Replies

Sumita (Lawyer)     05 February 2010

 

article 20(3) is called "doctrine of self incriminition "according to this article:-'no person accused pof any offence sahll be compelled to be a witness agsinst himself ' i.e. for the protection to this rule 3- following condition will have to fulfilled :-

1)to be an accused person

2)to be a witness against himself

3)to give evidence against himself with compulsion

if narcotest is taken from an accused person with compulsion  than he takes protection of it

however result of this test can be used only for investigation not as evidence.

N.K.Assumi (Advocate)     06 February 2010

My personal view is that Narco  analysis is violative of the rights against self incrimination guaranteed under Article 20 (3) of the Constitution. This privilage against self incrimination also provides the right to remain silent. Narco analysis works by inhibiting nervous systems and constitute mental torture and thus it is violative of the right to life under Article 21 of the Constitution of India. Debate is going on this isue.

deepthi puthiyaveetil (student)     09 February 2010

NARCO ANALYSIS INFRINGES THE FUNDANENTAL RIGHTS UNDER ART.21 ASWELL.

NARCO ANALYSIS IS NOT AT ALL A PROCEDURE ESTABLISHED BY LAW...IN THAT REGARD ,HOW CAN IT'S INCONSISTENCY WITH ART.21 BE JUSTIFIED?


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