“Narco test won't be made compulsory”

The Centre has no plans of imposing narco-analysis test upon an accused for the sake of seeking evidence, and would follow the Supreme Court's recent ruling on the matter, Union Home Minister P. Chidambaram said in the Rajya Sabha on Wednesday.

“It is not our intention to make narco-analysis test compulsory on an accused for seeking evidence. We will follow the Supreme Court's May 5, 2010 judgment which says that consent of the person should be taken before conducting any brain mapping or narco test,” the Minister said, replying to a query during question hour.

The court has directed strict adherence to the guidelines formulated in 2000 by the National Human Rights Commission on polygraph test on an accused; they are also to be followed for conducting the narco-analysis technique and the brain electrical activation profile.

Hoping that State governments would also follow the apex court's ruling, Mr. Chidambaram said personally he was of the opinion that the narco-analysis and brain mapping tests should be outlawed, as they were invasive and could affect the functioning of the brain.

“If the accused does not give permission to conduct any of these tests on his person, then these should not be done. If somebody refuses permission for a particular test, it should not be conducted. It is most unlikely that anybody will give consent to a narco-analysis test on oneself. The SC has not banned these tests, but has only said they should be conducted as per National Human Rights Commission's guidelines, which say that the person's consent should be taken first,” he added.

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