All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
45.

The Supreme Court in Selvi & Ors. vs State of Karnataka held that compulsory brain-mapping and polygraph tests and narco-analysis were in violation of the following Articles of the Constitution.

A: Art 23 and 24
B: Art. 15 and 16
C: Art. 29 and 30
D: Articles 20 and 21

The answer is: D

Explanation

The correct option is D. Articles 20 and 21.

The Supreme Court in Selvi & Ors. vs State of Karnataka held that compulsory administration of the impugned techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test violates the right against self-incrimination under Article 20 (3) of the Constitution, as it amounts to extracting testimonial compulsion from the person subjected to such tests. The court also held that forcing a person to undergo such tests violates the right to life and personal liberty under Article 21 of the Constitution, as it infringes the right to privacy, dignity, mental health and free choice of the person. The court further held that such tests cannot be justified on the ground of public interest, necessity or scientific advancement, as they are neither reliable nor valid, and involve a potential risk of physical and mental harm to the person. The court also observed that such tests are contrary to the rule of law and the principles of fair investigation and trial. Therefore, the court declared that no individual should be forcibly subjected to any of the impugned techniques whether in the context of investigation in criminal cases or otherwise, and that doing so would amount to an unwarranted intrusion into personal liberty.