In which of the following cases did the Supreme Court hold that any information or material that is…
In Selvi v. State of Karnataka (2010), the Supreme Court held that involuntary administration of narco-analysis, polygraph examination, and Brain Electrical Activation…
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In which of the following cases did the Supreme Court hold that any information or material that is subsequently discovered with the help of a voluntarily administered scientific test result can be admitted in accordance with the custodial discovery rule (now embodied in the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023)?
Answer and explanation
Correct answer A
In Selvi v. State of Karnataka (2010), the Supreme Court held that involuntary administration of narco-analysis, polygraph examination, and Brain Electrical Activation Profile (BEAP) tests violates Article 20(3) and Article 21 of the Constitution. Even when a test is voluntarily administered in accordance with the Court's safeguards, the test results by themselves cannot be admitted as substantive evidence; however, any information or material that is subsequently discovered with the help of a voluntarily administered test result can be admitted in accordance with the custodial discovery rule (now the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023; formerly Section 27 of the Indian Evidence Act, 1872).
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