In a blow to investigating agencies, the Supreme Court today declared as "illegal" compulsory use of narco-analysis, brain-mapping and polygraph tests on suspects.
It, however, held that if anything is obtained by the investigators from such techniques in which a person had volunteered, the agencies can use that for further probe.
"We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty," a bench headed by Chief Justice K G Balakrishnan said. The apex court said that involuntarily subjecting an accused, a suspect or a witness to such techniques violates Article 20 (3) of the Constitution, which prohibits self-incrimination.
The judgement assumes significance as probe agencies have used narco-analysis, brain-mapping and polygraph tests in a number of high-profile cases involving fake stamp paper kingpin Abdul Karim Telgi, Nithari killings accused and Aarushi murder case suspects as well as parents of the teenager
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