Abhay Singh v/s. State of UP
- Amrutha Alapati
- May 22, 2020
Content :
The first documented use of the Narco-analysis procedure in a criminal investigation was probably in the period of 1903-1915 with the use of ‘Twilight Sleep’ in obstetric practice. Since then, it has been used in ‘hypnotherapy’ with war victims, soldiers, people undergoing traumatic stress etc. It is a form of mild anaesthesia. This judgment has relied on two judgments of the Gujarat and Madras High Courts respectively to decide whether Narco-analysis and brain-mapping can be compelled, i.e., without the consent of the accused. In this judgment, the Lucknow Bench of the Allahabad High Court ultimately held that such tests had no requirement of consent in the overriding interests of justice and precedents. However, it has been held as null and void and overridden subsequently by the Supreme Court of India in the landmark decision of Selvi v. State of Karnataka. This Article therefore, analyses the issue of the case in relation to its constitutionality, precedents, international law and its current position in criminal legal jurisprudence.
