Kerala HC: Accused has no right to seek narco analysis test

It said that the possibility of the testimony being not voluntary even if the person freely consents to undergo the test also is there. 

Published: 12th December 2021 04:51 AM  |   Last Updated: 12th December 2021 04:51 AM   |  A+A-

Kerala High Court

Kerala High Court (Photo| A Sanesh,EPS)

By Express News Service

KOCHI: The Kerala High Court has held that an accused in a criminal case has no right to seek himself to be subjected to narco analysis test.  Justice M R Anintha issued the order while dismissing a petition filed by Louis, of Thrissur, seeking permission to undergo narco analysis test in order to prove his innocence.

“If the petitioner voluntarily submits for subjecting himself for narco analysis test, there is no guarantee that the statements will be voluntary. So even if the court permits the petitioner to undergo a narco analysis test, it has no acceptability in the eye of the law,” observed the court.

When a person is subjected to a narco test, he is not conscious and the revelations are from the subconscious mind. The credibility of that revelation stands far short of the fact described under the Evidence Act. The possibility of some persons concocting fanciful stories in the course of the hypnotic stage also cannot be ignored, the court said. It said that the possibility of the testimony being not voluntary even if the person freely consents to undergo the test also is there. 



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