Date:19/11/2008 URL: http://www.thehindu.com/2008/11/19/stories/2008111955110500.htm

New Delhi

Court upholds validity of narco test

Staff Reporter

“However, the police cannot use self-incriminatory statements by the accused”

“The test justified in the context of terrorism, conspiracy to commit murder, serious offences”
“Prior permission of the court necessary to conduct the test on an accused”

NEW DELHI: The Delhi High Court on Tuesday upheld the Constitutional validity of the narco analysis test, saying that “it is a lawful aid to investigation”.

Upholding the test, Justice Manmohan, however, clarified that the police or the prosecution could not use self-incriminatory statements, if made by an accused during the test, against him or her.

Mr. Justice Manmohan justified the test “in the context of terrorism, conspiracy to commit murder and other serious offences where the investigating agency does not have vitals leads”.

The Court further said that “the test does suffer from any Constitutional infirmity”.

The judgment came on a petition by an accused opposing an order by a Metropolitan Magistrate here allowing the Delhi police to conduct the test on him to probe the murder charge against him.

The petitioner accused Shailender Sharma submitted that the test was a “third degree psychological test” and violated Article 20 (3) of the Constitution protecting the accused from being compelled to give statements against himself.

Rejecting the plea, the Court said the test was also in conformity with Section 53 (examination of accused by medical practitioner at the request of police officer) of the Criminal Procedure Code. It said that the test could be done at the instance of a police officer not below the rank of sub-inspector and subject to satisfaction of a registered practitioner. However, it stated that prior permission of the court concerned was necessary to conduct the test on an accused.