The government does not intend to make narco analysis test compulsory on an accused for the sake of seeking evidence and will follow the Supreme Court's recent ruling on the matter, Home Minister P Chidambaram informed the Rajya Sabha today.
"It is not our intention to make narco analysis test compulsory on an accused for seeking evidence. We will follow Supreme Court's May 5, 2010 judgement which says that consent of the person should be taken before conducting any brain mapping or narco test," he said during Question Hour.
He hoped that the state governments would also follow the SC ruling.
The Supreme Court has directed strict adherence to the guidelines formulated by the NHRC in 2000 on polygraph test on an accused which are also to be followed for conducting the narco analysis technique and the brain electrical activation profile.
Chidambaram said personally he was of the opinion that narco analysis test along with brain mapping test should be "outlawed" as these tests are invasive and could affect the functioning of the brain.
"If the accused does not give permission to conduct any of these tests on his person, then these should not be done. If somebody refuses permission for a particular test, that should not be conducted. It is most unlikely that anybody will give consent to a narco analysis test on oneself... It (the test) should not be done.
"...The SC has not banned these tests, but has only said they should be conducted as per National Human Rights Commission's guidelines, which say that the person's consent should be taken first," the minister said.
The guidelines say that no lie detector test should be administered except on the basis of consent of the accused and an option should be given to the accused whether he wishes to avail such test.
They also say that if the accused volunteers for such a test, then he should be given access to a lawyer and the physical, emotional and legal implication of such a test should be explained to him by the police and his lawyer.
The consent should be recorded before a judicial magistrate and during the hearing, the person said to have agreed should be duly represented by a lawyer.
Among other things, the NHRC guidelines add that the actual recording of the lie detector test should be done in an independent agency like a hospital and in the presence of a lawyer.
Also a full medical and factual narration of the manner of the information received must be taken on record, the NHRC guidelines say.
