Narco Analysis Test -- Compulsion at Instance of Complainant -- Complainant cannot compel an unwilling accused to undergo Narco Analysis Test without his consent
(i) Criminal Procedure Code, 1973, S.161 -- Narco Analysis Test -- Compulsion at Instance of Complainant -- Consent of the accused to undergo Narco Analysis Test is a personal and non-derogable safeguard available only to the subject of the test. It is not a threshold that can be crossed on the accused's behalf, over his express objection, at the instance of a third party. Since an accused himself cannot claim an indefeasible right to undergo the test on his own application, a complainant cannot compel an unwilling accused to undergo the test either. (ii) Constitution of India, 1950, Art.20(3) -- Narco Analysis Test -- Requirement of Consent -- No individual can be forcibly subjected to Narco Analysis, polygraph or Brain Electrical Activation Profile tests without consent, as held in Selvi v. State of Karnataka. This safeguard applies irrespective of whether compulsion is sought by the investigating agency or by a private complainant.
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