The Centre favoured use of technology in the criminal investigation before the Supreme Court saying that narco-analysis, brain mapping and polygraph are legal and valid.
NEW DELHI: The Centre on Tuesday favoured use of technology in the criminal investigation before the Supreme Court saying that narco-analysis, brain mapping and polygraph are an integral tool of probe which is legal and valid.
Opposing contentions that these tests violate the fundamental rights of a person, Solicitor General G E Vahanvati said there was no constitutional infirmity in them as the Code of Criminal Procedure (CrPC) permits such tests to be carried out by investigating agencies only to aid the probe and the statements are not used as evidence.
"In the complex social milieu which obtains today, in particular having regard to the proliferation of crimes against society and against the integrity of the country, it is necessary to keep in mind the interest of the society at large and the need for thorough and proper investigation as against individual rights while ensuring that constitutional rights are not infringed.
"If these tests are properly considered to be steps in aid of investigation and not for the purpose of obtaining incriminatory statement, there is no constitutional infirmity whatsoever," Vahanvati submitted before a Bench headed by Chief Justice K G Balakrishnan.
The Centre was responding to the court's notice seeking its view on such tests and scientific methods of investigations which has been opposed in a bunch of petitions on the ground that these were violated the fundamental rights of the accused.
It has been contended that courts could not direct the prosecution to hold such tests against the willingness of the accused as it would be violative of Article 20 (3) of the Constitution which says that no person accused of any offence shall be compelled to be a witness against himself.
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