<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2010 (5) TMI 907 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=188293</link>
    <description>Involuntary administration of narcoanalysis, polygraph and Brain Electrical Activation Profile tests was treated as violating Article 20(3) because the protection against self-incrimination extends to the investigative stage and covers compelled disclosures that are testimonial in nature or furnish links in the chain of evidence. Narcoanalysis was regarded as plainly testimonial, and polygraph and BEAP outputs were also treated as compelled disclosure of personal knowledge. The statutory references in Sections 53, 53-A and 54 of the Code of Criminal Procedure were held not to authorise such techniques, and compulsory use was held to infringe Article 21 by invading mental privacy and fair trial rights. Voluntary administration remains permissible with safeguards, and material subsequently discovered through voluntary results may be used under Section 27 of the Indian Evidence Act, 1872.</description>
    <language>en-us</language>
    <pubDate>Wed, 05 May 2010 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 13 Sep 2023 15:42:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=449001" rel="self" type="application/rss+xml"/>
    <item>
      <title>2010 (5) TMI 907 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188293</link>
      <description>Involuntary administration of narcoanalysis, polygraph and Brain Electrical Activation Profile tests was treated as violating Article 20(3) because the protection against self-incrimination extends to the investigative stage and covers compelled disclosures that are testimonial in nature or furnish links in the chain of evidence. Narcoanalysis was regarded as plainly testimonial, and polygraph and BEAP outputs were also treated as compelled disclosure of personal knowledge. The statutory references in Sections 53, 53-A and 54 of the Code of Criminal Procedure were held not to authorise such techniques, and compulsory use was held to infringe Article 21 by invading mental privacy and fair trial rights. Voluntary administration remains permissible with safeguards, and material subsequently discovered through voluntary results may be used under Section 27 of the Indian Evidence Act, 1872.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 05 May 2010 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=188293</guid>
    </item>
  </channel>
</rss>