W.P.(C) 6399/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 03^rd JULY, 2023

IN THE MATTER OF:

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W.P.(C) 6399/2023

ASHWINI KUMAR UPADHYAY

..... Petitioner

Through:

Petitioner-in-person

versus

UNION OF INDIA & ORS

...... Respondents

Through:

Mr. Chetan Sharma, ASG with

Mr.Anurag Ahluwalia, CGSC with

Mr. Kritagya Kumar Kait, GP, Mr.

Amit Gupta, Mr. Saurabh Tripathi,

Mr.Aakarsh Srivastava, Advocates for

R-1, R-2 & R-4

Mr.

Santosh

Kumar

Tripathi,

Standing Counsel for GNCTD with

Mr. Arun Panwar, Mr. Kartik Sharma,

Advocates for R-3 & R-6

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1.

The instant Public Interest Litigation has been filed under Article 226

of the Constitution of India for a direction to the Police to subject a

complainant to undergo scientific tests like Narco Analysis, Polygraphy and

Brain mapping during the investigation to prove the allegation and only then

record his/her statement in order to control fake cases to secure right to life,

liberty, dignity and speedy justice.

2.

A perusal of the Writ Petition shows that the present Writ Petition has

been preferred by the Petitioner when he came across a case wherein a

complaint was filed against a journalist under the SC-ST Act though the

complainant and the accused did not know each other. According to the

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:04.07.2023

13:02:30

Signature Not Verified

W.P.(C) 6399/2023

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Petitioner, the journalist has been harassed and humiliated and had the

complainant undergone a brainmapping test before the start of the

investigation, the journalist would not have to undergo the humilation or

arrest. It is stated by the Petitioner that with the growth of technology,

scientific tests like Narco Analysis, Polygraphy and Brain Mapping, etc.,

can be used to wipe out fake cases. It is stated that such techniques are used

in developed countries like USA, China, Singapore etc. but they are not

being used in our country.

3.

At the outset it can be said the present petition is completely

misplaced. Section 154 of the Code of Criminal Procedure, 1973

(hereinafter referred to as „ the Cr.P.C‟) provides as to how an FIR is to be

recorded. Section 154 of the Cr.P.C also lays down the procedure for

recording an FIR in case the information is given by a woman against whom

an offence under Section 326A, 326B, 354, 354A, 354B, 354C, 354D, 376,

376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code, 1860 is

alleged to have been committed or attempted. After a complaint is reduced

to writing in the format as prescribed under Section 154 of the Cr.P.C, the

police starts investigating the offence. The Cr.P.C also lays down as to how

the investigation has to be conducted and how the statements of witnesses,

including the complainant, etc. are to be recorded.

4.

It is well settled that courts do not interfere with the investigation as

investigation is purely the domain of investigating agency. The prayer which

is sought for by the Petitioner in the present PIL, if accepted, can result in

further humiliation of the complainant, more so if the complainant is a lady

for whom special protection/provisions have been made in the Cr.P.C. It is

for the investigating agencies to uncover the truth.

5.

The issue regarding the reliability of brain mapping test, polygraph

test, Narco analysis, lie detector tests, etc. is still under lot of debate and a

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:04.07.2023

13:02:30

Signature Not Verified

W.P.(C) 6399/2023

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writ of mandamus can certainly not be passed by the Courts to the

authorities to conduct such tests in order to ascertain the veracity of the

complainant.

6.

In Selvi v. State of Karnataka, (2010) 7 SCC 263, the Apex Court has

held as under:

“50. It is also important to be aware of the limitations

of the “narcoanalysis” tech