In Selvi’s case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of

All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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12.

In Selvi’s case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of

A: Art,20(3) and Art.21

B: Art.21 and Art.23(2)

C: Art 23 and Art.21

D: Art.20(2) and Art.20(1)

The answer is: A

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Explanation

The correct option is A: Art. 20(3) and Art. 21.

In Selvi's case, the Supreme Court of India examined the constitutionality of tests like narcoanalysis, polygraph and brain mapping on the touchstones of Article 20(3) and Article 21 of the Constitution of India.

Article 20(3) provides that no person accused of any offence shall be compelled to be a witness against himself.

Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court held that these tests violate both these fundamental rights as they involve the involuntary administration of substances and techniques to extract information from a person, which amounts to an interference with his mental privacy, bodily integrity and freedom of choice.

The court also observed that the information obtained from these tests is not reliable, scientific or conclusive and that it can be misused for ulterior purposes.

Therefore, the court declared that no individual should be forcibly subjected to any of these tests, whether in the context of investigation in criminal cases or otherwise, and that doing so would amount to an unwarranted intrusion into personal liberty.

However, the court also clarified that these tests can be conducted with the informed consent of the person, subject to certain safeguards and guidelines.