Narco-analysis test
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
A narco-analysis test means questioning a suspect after giving them a drug that lowers their self-control, in the hope that they will reveal the truth. In Selvi (2010), the Supreme Court held that forcing a person to undergo narco-analysis, a polygraph (lie-detector) test or a brain-mapping test violates Article 20(3). That article is the right against self-incrimination: an accused cannot be forced to be a witness against themselves. Such forced tests also violate personal liberty under Article 21.
Example
If the police want to run a narco-analysis test on a murder suspect who refuses, the test cannot be forced on that suspect.
Don't confuse with
- Fingerprints and physical samples: these can be taken from an accused even without consent. Kathi Kalu Oghad (1961) held that they are not "testimony", so Article 20(3) does not cover them.
Related concepts
- Protection in respect of conviction for offences
- Ex post facto law
- Double jeopardy
- Right against self-incrimination
- Protection against arrest and detention
- Right to speedy trial
- D.K. Basu guidelines
- Preventive detention
- Advisory board
- National Security Act 1980