Abstract

Stephen, Sir James once stated that: “It is far pleasanter to sit comfortably in the shade rubbing red pepper in a poor devil’s eye than to go about in the sun hunting up evidence.” In this paper I intend to collect the reasons why the Indian Supreme Court banned the involuntary administration of three tests namely Narcoanalysis, Polygraph test and BEAP test in the latest case of Smt Selvi v. State of Karnataka. It is done by using cases from US and role of American Courts. It also investigates Indian precedents and Constitution of India for the purpose of Doctrine Self-Incrimination. It also talks about the scientific reliability of these tests. It also examines the condition of Indian investigative agency before the judgements along with role of media as media shows dangerous clippings of tests on national television. These tests made Indian investigation agencies lazy which resulted in shortcuts.Among other considerations, this article examines the delicate question about the Miranda Warning in Indian Context.

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