A Public Interest Litigation (PIL) today moved to Delhi High Court seeking direction from the Law Commission of India to prepare a comprehensive report for controlling fake cases and reduce the police investigation time and precious judicial time.
Further, the plea seeks directions to the Police to ask the complainant “whether she is willing to undergo scientific tests like Narco Analysis, Polygraphy, and Brain mapping during the investigation to prove allegation” and record her statement in the FIR.
Also, the Petitioner seeks direction from the Police to ask the accused “whether she is willing to undergo Narco Analysis, Polygraphy and Brain mapping test to prove her innocence” and recording her statement in the Chargesheet.
Petitioner Advocate Ashwini Kumar Upadhyay (BJP Leader) submitted that it will work as a deterrent and there and have a massive reduction in fake cases as well as the police investigation time & judicial time.
According to the petitioner, it will also secure the right to life, liberty, and dignity of thousands of innocent citizens who are under tremendous physical mental trauma, and financial stress due to the fake cases.
Recently a complaint was filed against a journalist under the SC-ST Act though the complainant and the accused don’t know each other.
Currently, the investigating agencies of developed countries like the US, China, and Singapore are frequently using scientific tests like Narco Analysis, Polygraphy, and Brain Mapping, and therefore, fake cases are very less but ‘deception detection tests’ are rarely used in India that is why police stations & courts are filled with fake cases, stated the plea.
Therefore, the petitioner submits that narco-analysis doesn’t amount to compulsion as it is a mere process of extracting information through disinhibition. The results are ascertained from the video that was recorded during the test that helps in circulating more information.
The whole process is video recorded and a report is given by the doctors for the rest of the consideration and to help find more evidence.
The Courts in many points have permitted the use of different scientific tests for the rest of the investigation. The narco-analysis test is conducted by a team that contains medical practitioners and other officers like an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff.
The plea read that the test is read & analyzed by a forensic psychologist, who presented a report accompanied by a video recording stored on a CD. If the Courts find it important, then this test is further verified through brain mapping and polygraph (lie detector) test.
