PGLAW 2018 Panjab University Entrance Exam With Answers

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42.

Narco Analysis, Polygraph And BEAP Tests Are Violative Of Article 21 Of The Constitution Was Observed By The Supreme Court In :

A: Suchita Srivastava V Chandigarh Administration
B: Maneka Gandhi V Union Of India
C: Selvi & Ors V State Of Karnataka
D: State Of West Bengal V Committee For Protection Of Democratic Right

The answer is: C

Explanation

The correct answer is C: Selvi & Ors v State of Karnataka.

The case of Selvi & Ors v State of Karnataka (2010) dealt with the constitutionality of the use of narcoanalysis, polygraph, and brain electrical activation profile (BEAP) tests in criminal investigations.

The Supreme Court, in its judgment, held that the use of these tests is violative of Article 20(3) and Article 21 of the Constitution of India. Article 20(3) provides that no person accused of an offense shall be compelled to be a witness against himself, while Article 21 guarantees the right to life and personal liberty.

The Court held that the use of these tests violates the right against self-incrimination, as they force a person to disclose information that may incriminate him or her. The Court also held that the use of these tests violates the right to privacy and personal liberty, as they involve invasive and intrusive techniques that can cause physical and mental harm to the person undergoing the test.

Therefore, the correct answer is C: Selvi & Ors v State of Karnataka.