The Supreme court has in a landmark judgment held that Narco, Brain mapping, Polygraph tests conducted without consent of the concerned individual are not valid and not acceptable as evidence. According to apex court, these tests are not reliable and also infringement of personal liberty. Moreover, the tests cannot be unilateral. If these tests are accepted, the accused person may demand similar tests of the witnesses who testified against him.
The landmark judgment has been hailed by many advocates. According to law, no body can be compelled to give incriminating evidence against himself. These tests tend to compel a person to give incriminating evidence against himself.
The decision is likely to affect many pending cases.
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Investigation agencies will now have to look for better means. Law prohibits compelling any person to give evidence against himself. The various types of tests are actually method to compel a person to give evidence against himself. These tests are unlawful. Administration of justice can not by unlawful means.
Now the police have to look for independent witnesses, documentary and circumstantial evidences.
Now the police have to look for independent witnesses, documentary and circumstantial evidences.
The police can investigate crimes by searching for independent evidence. This requires more and better use of forensic science and modern rechnology. Use of third degree methods and compelling some one to give evidence againt himself is totally wrong. Thgis enables police to harass innocent people and please political bosses.
Topic Author
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Gulshan Kumar Ajmani
@gkajmani
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Created
Thursday, 06 May 2010 11:05
Last Updated
Tuesday, 30 November -0001 00:00
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