The Delhi High Court has ruled that directing an accused to provide voice samples does not amount to testimonial compulsion under Article 20(3). The Court also held that the right to privacy is not absolute and must yield to legitimate criminal investigations.
Jammu and Kashmir court has rejected the NIA’s plea to conduct polygraph and narco analysis on two men arrested in the Pahalgam terror attack, stating it would violate their right against self-incrimination. The accused had earlier consented, but the court upheld constitutional protections.
A Pune court rejected Satyaki Savarkar’s plea seeking to compel Rahul Gandhi to produce a book cited in his 2023 speech. The court held it would violate Article 20(3) of the Constitution.
The Supreme Court of India ruled that a narco-analysis test cannot be conducted without an accused’s consent, reinforcing constitutional protections against self-incrimination. It emphasized that results from such tests cannot solely convict someone. The court criticized prior approvals for involuntary tests, asserting the need for safeguard measures if conducted voluntarily.
On July 15, the Union Home Ministry agreed to suspend provisions in newly passed criminal laws requiring evidence to be recorded via video conferencing from police stations, following protests from Delhi’s bar associations. The legal community in Delhi plans to submit a representation to the government, expressing concerns about all three criminal laws enacted this year.
