EVIDENCE GATHERED BY ADMINISTERING NARCO-ANALYSIS TEST AND OTHER DDT’s IS SELFINCRIMINATING
EVIDENCE
The principle of self-incrimination was first introduced in the Fifth Amendment of the U.S. which states that “No person shall be compelled in any criminal case, to be a witness against himself”.2 In the 1886 case of Boyd v. United States,” the Supreme Court held that seizing or compelling production of a defendant’s private papers to be used in evidence against him was equivalent to compelling him to be a witness against himself.3
If an accused compel to provide evidence, it absolutely prohibited prosecution for any criminal transaction.4
In India, this principle comes under Art.20 (3)5 which is a fundamental canon of common law criminal jurisprudence.6
This Article is absolute in nature which means it cannot be suspended even in emergency. By 44th Amendment in 1978 Art. 20 has been granted a non-derogable status.7
2017-18-Vol3-Issue2-_17
