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
Lie Detector and Narco-Analysis Test Vis-À-Vis Right Against Self-Incrimination And Other Fundamental Rights
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