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PREM NARAYAN SINGH
Vijay S/o Mohanlal Devda – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. nature of the case and consent for scientific tests (Para 1 , 2 , 3) |
| 2. challenge to prior court orders based on perceived legal safeguards (Para 4 , 5 , 6) |
| 3. reliance on past judgments concerning consent in investigation (Para 10 , 11 , 12) |
| 4. clarification on limits of testing based on consent (Para 20) |
| 5. final ruling modifying lower court's order regarding consent (Para 22) |
ORDER :
Prem Narayan Singh, J.
The petitioners have preferred this petition under section 482 of Cr.P.C. for quashment of the order dated 26-9-2023 passed in CRR No. 08/2023 by I ASJ, Alirajpur whereby the learned revisional Court has dismissed the petition of the petitioners by affirming the order dated 1-9-2023 passed in Crime Case No. 236/2023 by JMFC, Alirajpur whereby the application filed by the prosecution regarding Narco, Polygraph and Brain Mapping test of the petitioners was allowed.
2. Brief facts of the case are that the police has registered a case against the petitioners bearing Crime No. 236/2023 at Police Station Sondwa, District Alirajpur under sections 379, 392, 452, 294, 166-A, 420 and 409 of IPC regarding loot of ancient gold coins having worth in crores of rupees. The petitio
Consent of accused is essential for conducting scientific tests in criminal investigations; involuntary testing violates constitutional protections against self-incrimination.
Compelling scientific tests violates constitutional rights against self-incrimination; consent is mandatory.
DNA test is also available before the Court, which is marked as Annexure-H and only in order to overcome the positive report of the DNA, the petitioner has approached this Court by invoking the writ ....
(1) Narco-analysis test – Forceful subjection of an individual to techniques, such as narco-analysis test, violates personal liberty enshrined under Article 21 of Constitution of India – While need f....
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